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:
- The offense charged. The offense charged is the original crime with which a service member is charged.
- 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.
- An attempt to commit the offense charged; or
- An attempt to commit a lesser included offense, if the attempt is an offense in its own right.
Understanding Article 79 – Conviction of Offense Charged, Lesser Included Offenses, and Attempts.
Article 79 is distinctive in that it does not provide specific elements in the article description, rather, one must refer to the more serious offense with which the service member is being charged.
The Manual for Court Martial states:
- 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 larceny);
- 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 serious (for example, unlawful entry as a lesser included offense of burglary); or
- 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 serious (for example, voluntary manslaughter as a lesser included offense of premeditated murder).
Service members may be charged with multiple lesser offenses, but they may not be charged, specifically, with a violation of Article 79 due to the lesser offenses being directly included with the greater offense.
Maximum Possible Punishment for an Article 79 Conviction
Due to the lack of specifications contained within Article 79, the maximum possible punishment is based on the provisions for lesser included offense contained in the UCMJ article specific to the greater offense.
How do you defend against Article 79 charges such as Conviction of Offense Charged, Lesser Included Offenses, and Attempts under the UCMJ?
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 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service. 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 77 as a principal of a crime, 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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