UCMJ Article 90 Defense Lawyer

UCMJ Article 90 Defense Attorney

Accusations of willfully disobeying a superior commissioned officer can be detrimental to a future in the armed forces. It’s understandable to be frustrated during an investigation and confused about your options. A UCMJ Article 90 defense lawyer can represent you throughout this difficult period. They can advocate for you in each stage and work to prevent a dishonorable discharge or years of confinement.

About Us

Michael J. Thompson Attorney at Law has dedicated years of legal practice to handling cases in Oak Grove, Fort Campbell, Fort Knox, and communities in both Tennessee and Kentucky. Our founding attorney, Michael J. Thompson, and our of-counsel attorney, James Phillips, both served in the military, so they understand the threat an Article 90 case can have on your career.

How Article 90 Defense Cases Work

Article 90 of the Uniform Code of Military Justice (UCMJ) is violated when someone assaults their superior or willfully disobeys a lawful order given by a superior commissioned officer. These are one of the most serious violations of the UCMJ and often lead to a general court-martial. In 2024, Article 90 and other serious offenses accounted for 321 general court-martial trials, with 278 convictions and 43 acquittals.

Article 90 Defense Strategies

The ideal defense strategy for Article 90 offenses changes on a case-by-case basis. The following are a few common approaches used:

• Lack of intent: The most important element necessary for an Article 90 conviction is that the defendant willfully refused or ignored a direct order. Some defendants argue that an order was not followed due to a misunderstanding, miscommunication, or conflicting instructions.
• Challenge the order’s legality: Service members could challenge whether the defied order was legal. Some cases may be dismissed if an order is proven to be illegal under federal or international law, not a direct command, or vague.
• Highlight procedural errors: Procedural errors can damage the investigative body’s argument against the accused.
• Impossible orders: Someone may have disobeyed an order that was not realistically possible or could not be complied with.
• Lack of knowledge: An order may have been ignored due to a lack of knowledge that an order was given.
• Mistake of fact: A service member may have thought that an order was canceled, it was already carried out, or another order superseded the new command’s authority.

Hire a UCMJ Article 90 Defense Lawyer

Article 90 cases are some of the most serious violations of the UCMJ. Hire a UCMJ Article 90 defense lawyer to manage your case. An experienced UCMJ Article 90 defense attorney can prepare you for the proceedings. Several ways that Michael J. Thompson Attorney at Law can aid you in this trying time include the following:

• Review the case against you: You may feel that an allegation is false, but you might not know which elements to challenge. Your attorney can review the Article 90 charges against you to highlight procedural errors and faulty evidence.
• Choose your defense: Your lawyer can advise you on which Article 90 defense strategy may be the most effective match for your situation.
• Explain your options: Many Article 90 proceedings are resolved before trial. Michael J. Thompson Attorney at Law can go over the options with you so you know what you can do.
• Representation in hearings: Legal counsel can present your defense in all hearings and appearances at Fort Campbell Federal Courthouse.
• Negotiate with trial counsel: Our attorneys can negotiate with the trial counsel to reduce offenses and limit the event’s effect on your future.

FAQs About UCMJ Article 90 Defense Laws

What Are Common Mistakes Defendants Make in Article 90 Defense Cases?

Article 90 defense cases have many areas where accused service members make many common mistakes. One error is speaking to your commanding officer or investigative body without a lawyer present. Anything you say during the initial investigation can be used against you later.

Another frequent misstep is underestimating the charge’s severity and thinking that the matter was a simple misunderstanding. Article 90 cases can result in dishonorable discharge and years of confinement.

Do All Article 90 Cases Result in a Court-Martial?

Many service members worry that all Article 90 violations result in a lengthy court-martial. Many UCMJ offenses, including Article 90, are resolved before trial. This can include negotiating an offense down to an Article 91 or 92 violation, a nonjudicial punishment (NJP), or a general or other-than-honorable discharge that avoids a dishonorable discharge. In your initial consultation, your attorney can review your situation and discuss whether a court-martial is necessary.

What Is the Maximum Sentence for Article 90 Violations?

The maximum sentence for Article 90 punishments depends on the nature and time of the violation. In a time of war, the sentence for willfully disobeying a lawful order from a superior commissioned officer is death or what the court-martial directs. At any other time, the maximum penalty is dishonorable discharge, forfeiting all payment and allowances, and five years of confinement.

What Is the Difference Between UCMJ Articles 90, 91, and 92?

UCMJ Articles 90-92 relate to similar issues, but they vary in their effect on the accused’s career and the level of offense. Article 92 involves failure to obey an order due to willful, negligent, or ignorant actions. Article 91 is used for disrespectful or disobedient behavior towards an NCO, warrant officer, or petty officer. Article 90 is the most serious offense, and it occurs when someone intentionally ignores or refuses an order from a commissioned officer.

Does Refusing All Orders From a Commissioned Officer Result in Article 90 Cases?

Under UCMJ regulations, not all disobeyed orders from a commissioned officer lead to Article 90 proceedings. Article 90 is only used for intentional refusal of lawful orders, and unlawful orders must be refused. Examples of unlawful orders include actions that break U.S. law, violate international law of armed conflict, or are immoral. Orders that are difficult or dangerous are not automatically illegal.

Speak With a UCMJ Article 90 Defense Attorney Today

Our military attorneys at Michael J. Thompson Attorney at Law can use their combined years of legal experience and skills to make a positive impact on your Article 90 case.

Contact us today to schedule your initial consultation. In this meeting, we can learn your story, explain the penalties you may face, and discuss defense strategies. You may also visit our Oak Grove offices, located on Fort Campbell Boulevard, a few blocks southeast of Barkley Elementary School and northeast of Fort Campbell Main Exchange.