UCMJ Article 79: Conviction of Offense Charged, Lesser Included Offenses, and Attempts.

Conviction of Offense Charged, Lesser Included Offenses, and Attempts- Article 79 of the UCMJ includes an array of charges that may be divided into four categories:

1. The offense charged. The offense charged is the original crime with which a service member is arrested.

2. A lesser included offense. A lesser included offense is an offense that is automatically charged in conjunction with the original offense charged. The lesser included offense may be designated by regulation prescribed by the President (Article 79b) or a regulatory authority.

3. An attempt to commit the offense charged or

4. An attempt to commit a lesser included offense if the effort is an offense in its own right.

Understanding Article 79

Article 79 is distinctive in that it does not provide specific elements in the description; instead, one must refer to the more serious offense with which the service member is being charged.

The Manual for Court Martial states:

1. All of the elements of the lesser offense are included in the greater offense, and the common elements are identical (for example, wrongful appropriation as a lesser included offense of robbery);

2. All of the elements of the lesser offense are included in the greater offense, but at least one element is a subset by being legally less severe (for example, unlawful entry as a lesser included offense of burglary) or

3. All of the elements of the lesser offense are “included, and necessary” parts of the greater offense, but the mental element is a subset by being legally less severe (for example, voluntary manslaughter as a lesser included offense of premeditated murder).

Service members may be charged with multiple lesser offenses. Still, they may not be charged specifically with a violation of Article 79 because the lesser offenses are directly included with the greater offense.

Maximum Possible Punishment for an Article 79 Conviction

Due to the lack of specifications in Article 79, the maximum possible punishment is based on the provisions for the lesser included offense in the UCMJ article specific to the greater offense.

How do you defend against Article 79 charges under the UCMJ?

When facing the combined military resources and the current cultural climate, you must be prepared to defend your career and freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on military law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding various matters and a diverse background of clients.

If you, or someone you know, is facing Article 79 as a principal of a crime, you need to speak with a Military defense attorney immediately.