UCMJ Article 87a
Resistance, Flight, Breach of Arrest, and Escape
The MCM states a service member is subject to prosecution if they:
- resist apprehension;
- flee from apprehension;
- break arrest; or
- escape from custody or confinement.
In order to be convicted of violation of Article 87a, Resisting Apprehension, the prosecution must prove beyond a reasonable doubt:
- a certain person attempted to apprehend the accused;
- said person was authorized to apprehend the accused; and
- the accused actively resisted the apprehension.
To obtain a conviction under the Flight from Apprehension clause, the prosecution must demonstrate:
- a certain person attempted to apprehend the accused;
- said person was authorized to apprehend the accused; and
- the accused fled from the apprehension.
The Breaking Arrest clause specifies military personnel are subject to prosecution if:
- a certain person ordered the accused into arrest;
- that said person was authorized to order the accused into arrest; and
- the accused went beyond the limits of arrest before being released from that arrest by proper authority.
The prosecution may also seek a violation of the Escape from Custody clause of Article 87a by establishing:
- that a certain person apprehended the accused;
- that said person was authorized to apprehend the accused; and
- that the accused freed himself or herself from custody before being released by proper authority.
The accused may be charged under the Escape from Confinement clause of Article 87a by the prosecution arguing that:
- a certain person ordered the accused into confinement;
- said person was authorized to order the accused into confinement; and
- the accused freed himself or herself from confinement before being released by proper authority.
Understanding Article 87a (Resistance, Flight, Breach of Arrest, and Escape) of the UCMJ
Under Article 87a Resisting Apprehension, the prosecution must prove the accused resisted apprehension by a person or persons who had the authority to apprehend the accused. The resistance of apprehension must have been a physical act, not merely words.
Regarding Article 87a Flight from Apprehension, the prosecution must demonstrate the accused was actively fleeing authorities.
Article 87A Breaking Arrest must be proven by the prosecution through demonstrating the accused failed to adhere to the restraints imposed by those authorized to arrest the accused.
Under Article 87A Escape from Custody, the prosecution must prove the accused was in legal custody after a lawful apprehension and physically escaped.
Article 87A Escape from Confinement must be proven by demonstrating the accused had been legally confined by a legal authority and then physically escaped.
Maximum Possible Punishment for Violations of Article 87a
Service members who are convicted of a violation of Article 87a face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and up to 5 years of confinement.
How do you defend against Article 87a Resistance, Flight, Breach of Arrest, and Escape 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 87a charges for Resistance, Flight, Breach of Arrest, and Escape, 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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