UCMJ Article 95: Resistance, Flight, Breach of Arrest and Escape

Any service member employed by the United States who resists a legally authorized apprehension or escapes from post-trial custody or confinement may face charges under Article 95 of the UCMJ.

Should you be convicted under Article 95, the government will be given free rein to tack on additional punishment to the criminal acts that you allegedly committed prior to your apprehension. In addition to those charges you may also face:

  • Five more years of confinement in addition to the possible sentence you’re already serving.
  • The forfeiture of all pay and allowances, simply for resisting a person who you believed at the time to have no authority to arrest you.
  • A dishonorable or bad-conduct discharge, which could impact your civilian career and force you to closet your military service for the rest of your life.

Do not allow the government to add insult to injury by leveling even more charges against you. Contact Bilecki & Tipon immediately to learn about your options and start fighting back!

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What Is Article 95 of the UCMJ?

Every article of the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. Article 95 describes five specific criminal acts and the elements that must be proven to convict a service member of each.

(1) Resisting apprehension

(a) That a certain person attempted to apprehend the accused;

(b) That said person was authorized to apprehend the accused; and

(c) That the accused actively resisted the apprehension

(2) Flight from apprehension

(a) That a certain person attempted to apprehend the accused;

(b) That said person was authorized to apprehend the accused; and

(c) That the accused fled from apprehension

(3) Breaking arrest

(a) That a certain person ordered the accused into arrest;

(b) That said person was authorized to order the accused into arrest; and

(c) That the accused went beyond the limits of arrest before being released from that arrest by proper authority.

(4) Escape from custody

(a) That a certain person apprehended the accused;

(b) That said person was authorized to apprehend the accused; and

(c) That the accused freed himself or herself from custody before being released by proper authority.

(5) Escape from confinement

(a) That a certain person ordered the accused into confinement;

(b) That said person was authorized to order the accused into confinement; and

(c) That the accused freed himself or herself from confinement before being released by proper authority.

Summary of the Elements of Article 95: There are five possible offenses under Article 95, all of which relate to avoiding apprehension or serving out a legitimate sentence for crimes committed. In all five criminal acts, prosecutors must essentially prove two things: that a person or persons had legal authority to subject the accused to confinement or arrest; and that the accused resisted, avoided or escaped that legal sentence.

Military Defense Attorney for Article 95 of the UCMJ: Strategies and Tactics

A proper defense for Article 95 typically revolves around three core concepts:

  • Legal authority by the government to apprehend;
  • Confusion by the accused over the authority of the apprehenders to arrest him or her;
  • The definition of what constitutes resistance, avoidance and escape.

We’ll consider all three options before we create a strategy for your case. Some of the questions we’ll consider to construct that strategy include:

  • At the time of the apprehension, did you doubt the person’s authority to legally apprehend you and did a struggle ensue to defend yourself? It is defensible for a service member to avoid arrest if he or she was not aware that the individual performing the arrest had the legal authority to do so.
  • Was the confinement legal to begin with? Is there evidence—such as a warrant for your arrest or confinement order—that can be provided by prosecutors? You are not resisting or avoiding arrest if the proper documents have not even been filed yet. We’ll look to see when these papers were filed and whether law enforcement actually had authority to arrest you when they did.

You may already be facing criminal accusations. Do not allow the government to add insult to injury with more heavy-handed or baseless accusations. Contact Bilecki & Tipon TODAY for an immediate consultation into your case.

Experienced Military Defense Lawyers for Article 95 Charges

Contact Bilecki & Tipon

Take the stress and the unknowns out of your court-martial or administrative hearing. The experienced military defense attorneys at Bilecki & Tipon have been aggressively defending service members from Article 95 charges for years.

Here are just a few of the stunning upsets by the defense attorneys at Bilecki & Tipon:

Bilecki & Tipon will help you fight back against charges under Article 95: Resistance, Flight, Breach of Arrest and Escape

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800.996.9747

Frequently Asked Questions About Article 95

What Does Breaking Arrest Mean?

According to the UCMJ, breaking arrest means infringing upon the limits set by orders or legitimate law enforcement or a judge. In other words, if you are under arrest to quarters and you leave your quarters for any reason, you could be charged with breaking arrest.

The reason for breaking the arrest typically has no bearing on the case. If you are asked to remain where you are by a legal authority, and then receive an emergency call that requires your attention at a hospital, you would still be breaking arrest and be subject to sentencing.

What Is the Maximum Possible Punishment for Article 95: Resistance, Flight, Breach of Arrest, and Escape?

Each criminal offense under Article 95 carries with it its own maximum offense. From most to least serious:

Escape from post-trial confinement

  • Reduction to E-1
  • Forfeiture of all pay and allowances
  • Confinement for 5 years
  • Dishonorable discharge

For crimes of resisting apprehension, flight from apprehension, and escape from custody:

  • Reduction to E-1
  • Forfeiture of all pay and allowances
  • Confinement for 1 years
  • Bad-conduct discharge

Breaking arrest:

  • Reduction to E-1
  • Forfeiture of all pay and allowances
  • Confinement for 6 months
  • Bad-conduct discharge

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