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UCMJ Article 128 Questions

What does UCMJ Article 128 mean in the Military?

In the military, Article 128 is a Military criminal code of law that pertains to any type of assault with criminal action. This means that any person who attempts or offers with unlawful force or violence to harm another person is guilty of assault and will be punished or enforced under Article 128, UCMJ. Article 128 punishment varies depending on the severity of the crime. When someone is faced with an Article 128 charge many times questions surface. Often these questions are hard to get dependable answers to.

When people are faced with situations like this, they can ask the Experts for advice. Listed below are five of the top Article 128 questions.

Is spouse abuse punishable under the UCMJ.

In most situations yes, it would be punishable under Art 128. Under UCMJ, Article 128 is any act that is causes or tries to cause undue harm using violence. Spousal abuse would also classify as a type of an act of assault.

Can a member of the Army that is in inactive reserve still punished under the UCMJ for domestic assault?

Most of the time, if the crime was committed while inactive; it would not be punishable under the UCMJ Article 128. However, if it occurred while on active duty, the soldier could be recalled to active duty for trial under UCMJ if they are still in the IRR.

Is self defense punishable under Article 128?

Many times, when someone has used self defense, it can still be punishable under Article 128 simply because the defense often is more violent and unlawful that the actual offense that caused the self defense. There will be several factors to determine if it was in fact self defense such as, time place and the situation at hand. Once those things are determined if it was true self defense, no charges are usually filed.

What does this mean assault with a deadly weapon without intentions to kill?

The individual could be charged with assault with a means of force likely to produce bodily harm (Article 128) even of you didn’t or don’t produce that harm. For example, if you hit someone with a bat, but it only brushed their arm, you could be charged with intent to do serious bodily harm even though you only caused a scratch because a bat is something that may cause serious harm as a probable consequence of its use.

If someone in the Military has a Non-Judicial Punishment under Article 15 and was charged in violation of the UCMJ, Article 128 and Article 92 from seven years ago, how can they get these charges taken off their record?

Non-judicial punishment is not a misdemeanor; it is administrative and not even judicial in process. It should be nowhere in criminal records. The criminal records need to be looked at to make sure that the crime is not showing, if it is, a criminal lawyer will need to help have these charges removed from the records through the court.

With Military Law differing from civilian law, many that are in the military are often unaware of the different Articles and laws that are present. Article 128 often is one of the most misunderstood Military Law topics. Experts can help with questions and give fast affordable answers.
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