UCMJ Article 134
The MCM states any service member may be convicted of an Article 134 – Homicide, Negligent violation if the prosecution can demonstrate that:
- a certain person is dead;
- this death resulted from the act or failure to act of the accused;
- the killing by the accused was unlawful;
- the act or failure to act of the accused which caused the death amounted to simple negligence; and
- under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
Understanding Article 134 (Homicide, Negligent) of the UCMJ
Negligent homicide is any unlawful homicide which is the result of simple negligence. An intent to kill or injure is not required.
Simple negligence is the absence of due care, that is, an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances. Simple negligence is a lesser degree of carelessness than culpable negligence.
Maximum Possible Punishment for Violations of Article 134
Service members convicted of an Article 134 violation for Homicide, Negligent face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years.
How do you defend against Article 134 Homicide, Negligent 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, with more than 75 years of combined experience, who have won these types of cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer, who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.
If you, or someone you know, is facing Article 134 charges for Homicide, Negligent, you need to speak with a Military defense attorney right away. We understand what is at risk, and we know how to protect your career, your freedom, and your future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.
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