Legal Considerations for Service Members Facing Charges Under Article 118 – Court Martial Attorneys
Understanding Article 118 Murder Charges
Article 118 of the UCMJ covers murder—one of the most severe charges in military law. Murder charges include premeditated murder, unpremeditated murder, death during an inherently dangerous act, and death during certain felonies. Penalties range from decades of confinement to life without parole or even death in rare cases.
Military murder investigations involve CID, NCIS, OSI, federal agencies, forensic labs, autopsy experts, and prosecutors who devote massive resources to securing convictions. If you are even suspected of involvement, you are already behind the power curve.
Types of Murder Under Article 118
- Premeditated Murder – Intentional killing with planning
- Unpremeditated Murder – Intentional killing without planning
- Felony Murder – Death during commission of a felony
- Depraved Heart Murder – Death caused by reckless disregard for human life
Key Defense Strategies
1. Challenge Intent
Intent is the heart of most murder charges. We attack the government’s theory using forensic psychology, timeline analysis, and motive reconstruction.
2. Self-Defense
Self-defense is valid when reasonable fear of death or serious harm existed. This includes domestic settings, fights, and confrontations.
3. Heat of Passion / Lesser Included Offenses
Manslaughter may apply if the accused acted under provocation.
4. Forensic Challenge
We scrutinize:
- Ballistics
- DNA analysis
- Autopsy findings
- Trauma interpretation
- Scene contamination
- Medical examiner conclusions
5. Attack Witness Credibility
Witnesses often lie, exaggerate, or misreport events due to fear, bias, or self-interest. Cross-examination is critical.
Why Choose Gonzalez & Waddington
Michael and Alexandra Gonzalez-Waddington have defended homicide-related cases worldwide, including complex battlefield and domestic scenarios. Their courtroom strategy, forensic knowledge, and cross-examination skills are unmatched.
Contact Our Article 118 Defense Team
If you face Article 118 suspicion or charges, contact us immediately. Early defense intervention saves lives and careers.
Article 118 Murder – Frequently Asked Questions
Can self-defense defeat an Article 118 charge?
Yes. If the accused reasonably believed death or serious harm was imminent, deadly force may be justified. Our team has successfully used self-defense in homicide cases.
Facing charges under Article 118 is one of the most serious legal situations a service member can encounter. This article of the Uniform Code of Military Justice (UCMJ) deals with murder, and the consequences can change your life forever. If you or a loved one is under investigation or has been formally charged, understanding your Article 118 Defense options is not just important—it’s critical. These cases are complex and emotionally overwhelming, and navigating them without skilled legal guidance can be devastating. Article 118 Defense involves far more than simply disputing evidence; it means building a strong, strategic case to defend your rights, your military career, and your future. At Gonzalez & Waddington, we understand the pressure, fear, and uncertainty involved. Our goal is to empower you with knowledge, guide you through the legal process, and fight fiercely to protect your interests every step of the way.
Breaking Down the Basics of Article 118 Defense
Article 118 of the Uniform Code of Military Justice defines four different types of murder: premeditated murder, murder during the commission of certain serious offenses, murder with wanton disregard for human life, and unintentional murder committed with an inherently dangerous act. This statute is applied when a service member is accused of unlawfully taking another person’s life under any of these conditions.
For example, imagine a service member who fires a weapon during an argument, resulting in the death of another soldier. Depending on the investigation and intent involved, this could fall under Article 118 charges. Alternatively, a tragic accident during a training exercise might result in a death, and the prosecution could argue gross negligence. Both cases fall under this article, yet the approach to defense is vastly different. Understanding what the allegation truly involves is crucial. That’s why beginning your Article 118 Defense with a clear understanding of the facts and applicable law is the first step toward justice.
The Importance of a Strong Article 118 Defense
The impact of an Article 118 charge on a service member’s life is sweeping. Beyond the courtroom, these accusations destroy careers, relationships, and reputations. A conviction brings harsh penalties, including life in prison or even the death penalty in some cases. That’s why mounting a strong Article 118 Defense is essential from the very beginning. These cases demand experienced legal representation, meticulous investigation, and a thoughtful, well-developed defense strategy.
When facing such a serious charge, small missteps can create lasting consequences. Every action—whether during interrogation, pretrial motions, or courtroom testimonies—must be calculated to protect the accused’s rights. Having the right legal team ensures that no stone goes unturned and that possible weaknesses in the prosecution’s case are carefully exposed.
- A soldier is accused of premeditated murder based on circumstantial evidence. The consequence could be life imprisonment if the defense cannot establish reasonable doubt.
- An NCO faces charges after a death occurs during a violent off-base altercation. Without proper defense, he risks dishonorable discharge and forfeited benefits.
- A training mishap leads to an unintended fatality. If the act is deemed reckless, the defendant may face murder charges despite no malicious intent.
How the Article 118 Defense Process Unfolds Around the Globe
- Step 1: The accused is informed of the investigation or charge. Legal counsel should be contacted immediately to protect rights during questioning.
- Step 2: A preliminary hearing, known as an Article 32 hearing, is held to assess if enough evidence exists for a court-martial. This is a key opportunity to challenge the prosecution’s argument.
- Step 3: If the case proceeds, the trial phase begins. The defense will present evidence, examine witnesses, and argue for acquittal or reduced charges based on fact and intent.
Expert Advice for Handling Article 118 Defense the Right Way
Common Questions About Article 118 Defense Around the World
How Gonzalez & Waddington Helps Service Members Win These Cases
With decades of experience defending clients in military courts around the globe, Gonzalez & Waddington has built a well-earned reputation for excellence in complex court-martial cases, particularly those involving Article 118 Defense. Our legal team understands the UCMJ inside and out, equipping us to navigate both the legalities and emotional toll effectively. From the initial investigation all the way to trial, we stand by your side, offering not just legal firepower but also the strategic insight that only seasoned military defense attorneys can provide. Every case is unique, and we treat it that way—tailoring defense strategies to fit your circumstances while combing through details that might be easily overlooked. Our goal is to help you reach the most favorable outcome possible while protecting your rights, career, and freedom every step of the way.
