UCMJ Article 99: Misbehavior Before the Enemy
Should any service member of the United States armed forces misbehave in the presence of the enemy in a time of warfare, he or she will be subject to Article 99 of the UCMJ. Article 99 broadly covers many different wartime charges. Actions of cowardice, failure to perform orders, abandonment of a post, and the unnecessary risk to both lives and equipment could all incur punishment under this article.
- Article 99 encompasses many different offenses, but they all have a maximum sentence of death if referred capital. Would you gamble your life away for what could have been a miscommunication or mistake that occurred in the fog of war?
- Even if the death penalty is off the table, you could be dishonorably discharged from the military, decisively ending your military career forever.
- Your healthcare, retirement, and paycheck will be forfeited and taken from you the moment you’re convicted of any crime under Article 99.
We are the last line of defense against a government that seeks to put you behind bars or worse—take your life. Start fighting back TODAY by making one call to Bilecki & Tipon.
Defining Article 99 of the UCMJ
Every article under the uniform code of military justice requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. Article 99 covers nine unique charges, each with its own set of elements which must be proven.
- Running away;
- Shamefully abandoning, surrendering, or delivering up command;
- Endangering safety of a command, unit, place, ship or military property;
- Casting away arms or ammunition
- Cowardly conduct;
- Quitting place of duty to plunder or pillage;
- Causing false alarms;
- Willfully failing to do the utmost to encounter enemy;
- Failing to afford relief and assistance
Summary of the Elements of Article 99
Military Defense Attorney for Article 99 of the UCMJ
As with all wartime charges, the muddle of facts, hearsay and conjecture will profoundly affect the outcome of your case.
A private investigation into the events in question is paramount to securing the best possible verdict during your court-martial.
Below are just some of the questions we’ll consider while preparing your case:
- Who is providing testimony for the government? What is their relation to you and to the circumstances surrounding the offense? Are other witnesses available who saw your actions from a different context? There will likely be many witnesses, but not all witnesses were privy to the critical moments when you made the fateful decision. Identifying strong witnesses and limiting the damage done by the government’s witnesses will likely be the key to victory.
- What actions did the enemy take which prompted this decision? Did the actions catch everyone off guard? How much chaos was occurring at the time of the decision? Did you have access credible and reliable information? All of this must be considered before passing judgment on a service member, especially if that judgment labels him or her a coward and incurs a possible death sentence.
Bilecki & Tipon knows how to win unwinnable cases. Before you ever consider throwing in the towel, make one call to Bilecki & Tipon for a free review and consultation into your case.
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Experienced Military Defense Lawyers for Article 99 Charges
Wartime charges demand warrior representation and advocacy. Bilecki & Tipon has been fighting and winning cases for United States service men and women for years—many of whom had nowhere else to turn.
Bilecki & Tipon are court-martial attorneys who will help you fight back against charges under Article 99: Misbehavior Before the Enemy
Frequently Asked Questions About Article 99: Misbehavior Before the Enemy
What Is the Maximum Possible Punishment for Article 99?
Article 99 covers a huge range of criminal acts perpetrated during wartime. Despite the unique nature of each offense, a maximum sentence of death may be leveled upon any service member who is found guilty of any charge under Article 99 if the case was referred capital.
If a death sentence is not requested by the government, or if the defense secures a lesser included offense for its client, then the government may consider other charges against the service member, sentencing for convictions of these other charges may include:
- Dishonorable discharge
- Forfeiture of all pay and allowances
What Are the Lesser Included Offenses under Article 99?
A lesser included offense may be considered when mitigating factors limit the scope of the original crime. The lesser included offenses under Article 99 include:
- Article 85: Desertion with intent to avoid hazardous or important service
- Article 86: Absence without authority; going from an appointed place of duty
Endangering the safety of a command, unit, place, ship, or military property
Casting away arms or ammunition:
- Article 108: Military property of the United States—loss, damage, destruction, or wrongful disposition
- Article 85: Desertion with intent to avoid hazardous duty or important service
- Article 86: Absence without authority
- Article 99: Running away
Quitting place of duty to plunder or pillage:
- Article 86(2): Going from an appointed place of duty
In addition to these lesser included offenses, all offenses under Article 99 have the lesser included offense of Article 80.
Other Articles of the UCMJ
- Article 98: Noncompliance With Procedural Rules
- Article 100: Subordinate Compelling Surrender
- Article 92: Failure To Obey Regulation