UCMJ ARTICLE 92: FAILURE TO OBEY ORDER OR REGULATION
At Bilecki Law Group, We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
What is the problem with this punitive article?
- The country you swore to protect now fights to have you incarcerated and your reputation demolished in a very public fashion.
- Your brothers and sisters in the Armed Forces already believe you’re guilty. Acquaintances and even friends are watching you drown and think you’ll take them down with you.
- Your very defense attorney from the JAG office tells you to plead guilty and accept the first deal offered to you because that’s the best you’ll get.
- Violation of or failure to obey a lawful general order or regulation
- That there was in effect a certain lawful general order or regulation
- That the accused had a duty to obey it; and
- That the accused violated or failed to obey the order or regulation
- Failure to obey other lawful order
- That a member of the armed forces issued a certain lawful order;
- That the accused had knowledge of the order;
- That the accused had a duty to obey the order; and
- That the accused failed to obey the order
- Dereliction in the performance of duties
- That the accused had certain duties
- That the accused knew or reasonably should have known of the duties; and
- That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.
Military Legal Defense for Failing To Obey Orders
- Does this order or regulation conflict with a different order or regulation issued by another commanding officer of higher or lower status? Have you been put in a “damned if you do, damned if you don’t” situation? We’ll determine where the conflict is and show that it was impossible for you to follow the law under both commands.
- Has the order or regulation been properly promulgated throughout the ranks? Do all servicemen and servicewomen under that command know of the order? Is the order or regulation confusing in its wording or expression? Each one of these may be grounds for an acquittal in your court-martial case.
- Were you neither willfully nor negligently breaking with that order? A case may be made that you were not properly trained or prepared to follow through with a specific order or regulation, as ineptitude is defined as an unpunishable offense under this article.
You can’t change the past, but you can influence your future hearing or trial with a ruthlessly effective military defense attorney.
The Military's Definition of a General Order or Regulation
Any order or regulation passed down from the highest echelon of the military—including the President, Secretary of Defense, Homeland Security, or any military department—as well as any general officer with troops under his or her command, has the ability to issue a general order or regulation that affects all military personnel under that command.
Military Defense Lawyers for Article 92
Maximum Possible Punishment
This article is a broad collection of offenses, all of which are loosely related to the act of disobedience to perform an order or regulation. The maximum sentence under this article includes:
Violation of or failure to obey lawful general order or regulation:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 2 years
- Dishonorable discharge