UCMJ Article 102
Forcing a Safeguard
The MCM states under Article 102 (Forcing a Safeguard) any service member may be subject to prosecution if they force a safeguard. In order to be convicted, the prosecution must demonstrate:
- that a safeguard had been issued or posted for the protection of a certain person or persons, place, or property;
- that the accused knew or should have known of the safeguard; and
- that the accused forced the safeguard.
Understanding Article 102 (Forcing a Safeguard) of the UCMJ
A safeguard is a detachment, guard, or detail posted by a commander for the purposes of protecting a person, place, property of the enemy, or of a neutral party affected by the relationship of belligerent forces in their prosecution of war. A safeguard may also refer to a written order left by a commander with an enemy subject or posted in enemy property for the protection of the person or property. The purpose of a safeguard is to pledge the honor of the nation that the person or property shall be respected by the national armed forces. The forcing of a safeguard is the commission of an act or acts that are in violation of the protection of the safeguard. Actual knowledge of the safeguard is not a requirement for conviction. A reasonable assumption that the accused should have been aware of the existence of the safeguard is sufficient for prosecution.
Maximum Possible Punishment for Violations of Article 102
Service members convicted of an Article 102 violation face a maximum possible punishment of death or other punishment deemed appropriate by a court-martial.
How do you defend against Article 102 Forcing a Safeguard charges?
When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your 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 a wide variety of matters and a diverse background of clients
If you or someone you know is facing Article 102 charges for Forcing a Safeguard, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.
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