UCMJ Article 90
Willfully Disobeying Superior Commissioned Officer
The MCM states under Article 90 (Willfully Disobeying Superior Commissioned Officer) any service member may be prosecuted if they willfully and purposely disobey the lawful command of that service member’s superior commissioned officer.
In order to be convicted of a violation of Article 90, the prosecution must prove beyond a reasonable doubt:
- that the accused received a lawful command from a superior commissioned officer;
- that this officer was the superior commissioned officer of the accused;
- that the accused then knew that this officer was the accused’s superior commissioned officer; and
- that the accused willfully disobeyed the lawful command.
Understanding Article 90 (Willfully Disobeying Superior Commissioned Officer) of the UCMJ
There are several important elements to be considered to fully understand the scope of an Article 90 violation. The order must be proven to be lawful and issued by an officer with the proper authority to do so. The order must have been relevant to military duty without conflicting with the service member’s statutory or constitutional rights. The accused must have been given the specific order directly, clearly, and the order must have been intentionally disobeyed.
Maximum Possible Punishment for Violations of Article 90
Service members who are found guilty of Article 90 violations face a maximum possible punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement up to 5 years. If the violation occurred during a time of war, the accused may also be subject to the death penalty.
How do you defend against Article 90 Willfully Disobeying Superior Commissioned Officer 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 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.
If you or someone you know is facing Article 90 charges for Willfully Disobeying Superior Commissioned Officer, 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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