UCMJ Article 90

Denver Military Defense Attorney

Service members are beholden to the Uniform Code of Military Justice (UCMJ), a specific set of laws for members of the military. It’s vital to know what to do if you have been accused of any UCMJ violation, such as an offense under Article 90: Assaulting or Disobeying a Superior Officer. A Denver military defense attorney is an invaluable asset in this situation who can help reach the optimal outcome for your case.

Representing Members of the Military in Article 90 Cases

Whenever an American citizen is accused of a crime, they have the constitutional right to criminal defense counsel. This same rule applies to members of the military, but it is vital for a member of the Armed Forces to find a defense attorney familiar with UCMJ Articles and their related court procedures.

The attorneys at The Law Center P.C. have extensive experience in military criminal defense. If you have been charged with an Article 90 violation, you face some of the most severe consequences any service member can face for a violation. The potential penalties you face will vary based on the specific details of your case but may include a dishonorable discharge from military service, loss of all your pay and allowances, and incarceration in military prison.

Our firm can provide the responsive and detail-oriented legal counsel you will need to navigate your case effectively. We have successfully represented many members of all branches of military service in their criminal court proceedings, and we can help prepare for the difficult proceedings ahead. The military criminal justice system moves swiftly, so it is vital for you to find legal representation you can trust as soon as possible after you’ve been charged.

Understanding Military Criminal Court Procedure

Whenever a US military service member is charged with a violation of the UCMJ, they will first face an Article 32 hearing. This hearing will be similar to what a civilian defendant could expect in a pretrial arraignment. It will involve a formal reading of their charges, and a preliminary hearing officer will consider all testimony and evidence before making nonbinding recommendations to either drop the case or proceed with a court-martial.

A court-martial is a military criminal trial and will unfold under a panel of service members of equal or greater rank than the defendant. The special court-martial process is generally reserved for UCMJ violations equivalent to misdemeanors for civilians, while the general court-martial process applies to UCMJ violations that would typically qualify as felonies.

Your Denver military defense attorney is an invaluable asset if you have been charged with a violation of Article 90. You face severe penalties if convicted, including the loss of your military career and extensive incarceration. The military criminal justice system tends to move more quickly than civilian criminal court, so you have a very short time in which to secure defense representation and prepare your case.

Potential defenses in your Article 90 case may include proving the order you disobeyed was unlawful or that you did not commit an alleged assault. The accused may also need to argue that they were not in an appropriate state to comply with the order or that the manner in which the order was delivered was unreasonable. Your Denver military defense attorney can assess the details of your case and assist you in crafting an effective defense.

FAQs

Q: What Does Willfully Disobeying an Order Mean?

A: A service member willfully disobeys an order from a superior officer if they have been issued a lawful order and have failed to comply. Lawful is an important distinction because a service member is not required to comply with an illegal order. Your Denver military defense attorney can help determine whether the order was indeed lawful.

Q: What Is the Penalty for Assaulting a Superior Officer?

A: Physically assaulting a superior officer in the military is a serious offense that is punishable by up to 10 years in confinement in military prison, dishonorable discharge, and forfeiture of all pay and allowances. Penalties increase based on the severity of the offense. If the defendant caused great bodily injury, they are likely to face even harsher penalties.

Q: What Are the Most Viable Defenses Against Article 90 Charges?

A: Your Denver military defense attorney can help determine the most viable defenses available to you if you have been accused of violating UCMJ Article 90. You may need to prove that the order you disobeyed was an unlawful order or that you acted in self-defense if you are accused of assaulting a superior officer.

Q: Is It Necessary to Have a Military Defense Attorney in an Article 90 Case?

A: All service members have the same constitutional right to legal representation when they are accused of a crime as any member of the American public. It is crucial that you exercise your right to legal counsel and find a Denver military defense attorney you can trust to provide guidance and support through the difficult proceedings ahead. You are more likely to reach a positive outcome when you have defense representation you can trust on your side.

Q: What Will It Cost to Hire a Denver Military Defense Attorney?

A: The majority of private criminal defense attorneys in the United States accept their clients on an hourly basis, meaning the client pays for each hour the attorney spends working on their case. Attorneys set hourly rates based on their overall experience level and the complexity of the case and typically track time spent on a case in 10- or 15-minute increments. Always verify a prospective attorney’s billing policy before hiring them.

The attorneys at The Law Center P.C. have the professional resources and experience necessary to provide robust criminal defense counsel in any UCMJ violation case. When you have been accused of violating Article 90 or any other UCMJ articles, it is vital to have a defense attorney you can trust throughout your proceedings. Contact The Law Center P.C. today to schedule your consultation with a Denver military defense attorney.