UCMJ Article 134 Defense Lawyer

UCMJ Article 134 Defense Attorney

Uniform Code of Military Justice (UCMJ) Article 134 violations cover a broad range of offenses that can result in years of confinement, large financial damage, and a dishonorable discharge. No matter the allegation you face, a UCMJ Article 134 defense lawyer can mount your defense. They can prepare you for the proceedings and guide you through each stage.

About Us

At Michael J. Thompson Attorney at Law we have years of experience in representing civilians and service members in Oak Grove, Fort Campbell, and communities throughout Kentucky in their defense cases. Michael J. Thompson served for four years in the United States Marine Corps before opening his own practice. He recognizes the challenges an Article 134 proceeding can pose to your military career, and he can work to prevent the case’s harm to your future.

What Does UCMJ Article 134 Cover?

UCMJ Article 134 is used for:

• Actions that neglect good order and discipline in the armed forces
• Conduct that brings discredit upon the military
• Noncriminal offenses that are not covered by other provisions within the UCMJ

The only conduct named in Article 134 is sexual harassment. In Fiscal Year 2024, military services received 1,969 formal sexual harassment complaints, 885 informal, and 158 anonymous complaints. Other common Article 134 misconduct includes:

• Drunkenness
• Disorderly conduct
• Extramarital sexual conduct, or adultery
• Fraternization
• Animal abuse
• Bigamy
• Disloyal statements
• Indecent conduct or language
• Obstruction of justice
• Fraud
• Prostitution

Steps in an Article 134 Case

The first step in an Article 134 case is questioning and investigation. Conversations may only begin after your Article 31 rights are read, which include a full explanation of:

• The Article 134 charges against you
• Your right to remain silent
• How anything you say may be used against you
• Your right to request an attorney before discussing the matter

Do not continue without legal counsel present.

After an initial investigation, your case is reviewed by a Judge Advocate General (JAG), who advises your commander on the next step. Your commander can then decide to:

• Take no action.
• Take administrative action.
• Issue a nonjudicial punishment under Article 15.
• Convene a court-martial.

Serious allegations that may lead to a general court-martial require an Article 32 preliminary hearing to determine whether there is enough evidence.

Cases that proceed to a court-martial vary based on the type. Summary court-martial is for lower-level Article 134 violations, overseen by a commissioned officer. Special court-martial is for mid-level matters, and it is heard by a military judge and three military members. General courts-martial are for serious offenses and carry the risk of dishonorable discharge. These act similarly to civilian felony trials, with a military judge and at least 5 service members as jury.

Hire a UCMJ Article 134 Defense Lawyer

With your career at stake, it is recommended that you hire a UCMJ Article 134 defense lawyer to guide you through your case. Key services that your UCMJ Article 134 defense attorney can provide include:

• Early protection: Our team can keep you from making detrimental errors in the beginning and be present for all questioning by superior officers.
• Independent investigation: Your attorney can conduct an independent investigation and review all allegations and evidence
• Build an Article 134 defense strategy: Your lawyer can use factors unique to your situation to build a defense strategy.
• Representation in court: Michael J. Thompson Attorney at Law can represent you in all hearings and meetings, both in and out of the Fort Campbell Federal Courthouse.
• Negotiate with trial counsel: Legal counsel can negotiate with the trial counsel to reduce penalties and potentially prevent a dishonorable discharge.

FAQs About UCMJ Article 134 Defense Laws

When Should You Speak With a UCMJ Article 134 Defense Attorney?

You should speak with a UCMJ Article 134 defense attorney as soon as you are investigated or charged for a qualifying offense. Legal counsel consulted right after the reading of your Article 31 rights can have a greater influence on the outcome than lawyers only hired in the final stages of the proceedings. More time with your case can let your attorney decide on your response to accusations, prepare your defense, and negotiate with the trial counsel.

Can Noncriminal Acts Be Punished Under Article 134?

Under Article 134, a service member may be punished, even if the act is not a crime under civilian law. The deciding factor of whether an incident falls under UCMJ regulations is its link to military service. One common noncriminal event that can be penalized under Article 134 is adultery. Extramarital sexual conduct may result in Article 134 penalties if the affair directly harms unit cohesion or discredits the armed forces.

Can Article 134 Offenses Result in Both Civilian and Military Legal Cases?

Service members who commit an Article 134-qualifying criminal offense may be subject to both civilian and military court proceedings. Dual jurisdiction allows for charges to be pursued in separate cases, with civilian matters often resolving before military cases. A common example for both proceedings is public intoxication, which is both a Class B misdemeanor in Kentucky and an Article 134 violation.

What Happens If an Article 134 Offense Is Dismissed in a Civilian Court?

A common question active-duty personnel have is what happens if a criminal offense is dismissed in civilian jurisdiction. If civilian courts dismiss a case, an Article 134 offense can still be punished in a court-martial. A civilian dismissal can support a defense in the military justice system or result in a reduction in penalties.

Can You Be Dishonorably Discharged for an Article 134 Violation?

In Kentucky, you may be dishonorably discharged due to violating Article 134. However, the likelihood depends on the qualifying offense. Isolated incidents of disorderly conduct or drunkenness may harm your career but not end it outright, while bigamy or extramarital sexual conduct is more likely to result in dishonorable discharge and years in confinement.

Speak With a UCMJ Article 134 Defense Attorney Today

Michael J. Thompson Attorney at Law understands how overwhelming an Article 134 proceeding can be. Reach out today to book your initial consultation with our UCMJ Article 134 defense attorney. In this meeting, we can learn your story, discuss likely punishments, and explore strategies to mitigate the event’s impact on your life. You may also visit our Oak Grove offices, located on Fort Campbell Boulevard.