The MCM states a service member may be subject to prosecution if they are guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders.
Understanding Article 93 (Cruelty and Maltreatment) of the UCMJ
The term “any person subject to his orders” protects those not only under the direct or immediate command of the accused, but also all persons who, because of some duty, are required to obey the lawful orders of the accused. Those required to follow the legal orders may or may not be subject to the UCMJ.
The cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard. This offense may include assault, improper punishment, and sexual harassment.
Maximum Possible Punishment for Violations of Article 93
A violation of Article 93 carries 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 93 Cruelty and Maltreatment charges?
When facing the combined resources of the military and 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 martial 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 various matters and a diverse background of clients.
If you or someone you know is facing Article 93 charges for Cruelty and Maltreatment, you need to speak with a Military defense attorney right away.
