Article 116 UCMJ – Riot or Breach of Peace – Military Defense Lawyers
UCMJ Military Defense Guide by Gonzalez & Waddington
Article 116 of the Uniform Code of Military Justice criminalizes participating in a riot or causing or engaging in a breach of peace. Although this may sound like a rare or obscure offense, it is one of the most commonly misused UCMJ articles—especially in cases involving bar fights, group altercations, drunken behavior, barracks conflicts, domestic disputes, and misunderstandings during chaotic or crowded situations.
Article 116 prosecutions often arise when command wants to punish a group, “make an example,” or respond to civilian law enforcement involvement. Many cases involve little more than yelling, shoving, drunken arguments, or being present during an altercation. Service members are frequently accused of participating in a “riot” or causing a “breach of peace” even when they did nothing violent, touched no one, and attempted to de-escalate the situation.
Florida’s bases—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick SFB, MacDill, NSA Panama City, and Coast Guard Sectors—have an especially high rate of Article 116 cases due to the state’s nightlife, alcohol culture, spring-break environment, and large number of young service members in close living quarters.
Gonzalez & Waddington defends service members worldwide in riot, fight, and breach-of-peace allegations. We dismantle weak cases by exposing unreliable witnesses, intoxication-based confusion, command overreaction, mistaken identity, and false assumptions made by investigators.
What Article 116 Criminalizes
Under Article 116, a service member may be punished for:
- Participating in a riot
- Instigating a riot
- Encouraging or joining a group disturbance
- Engaging in or provoking a breach of peace
- Causing public alarm or endangering others
The military’s definition of “riot” is far broader than civilian law. A “riot” under Article 116 can include:
- Three or more people yelling aggressively
- Shoving or pushing between groups
- Throwing a single object
- Verbal arguments in public
- A group reacting to an incident
This broad interpretation makes Article 116 one of the most overcharged offenses in the UCMJ.
Elements of Article 116
To convict a service member, prosecutors must prove:
1. A Riot Occurred or a Breach of Peace Took Place
This includes conduct likely to cause public terror, alarm, or disorder.
2. The Accused Participated in or Provoked the Riot/Disturbance
Mere presence is NOT sufficient for guilt.
3. The Conduct Was Wrongful
The accused must have acted intentionally, recklessly, or unlawfully.
4. The Conduct Was Prejudicial to Good Order or Service-Discrediting
A purely private dispute may not qualify.
Maximum Punishments Under Article 116
Punishment depends on the seriousness of the disturbance:
- Bad-conduct discharge
- Confinement up to 6 months
- Total forfeitures
- Reduction to E-1
Often, Article 116 is paired with:
- Article 128 – Assault
- Article 134 – Disorderly conduct
- Article 92 – Failure to obey
This results in significantly increased sentencing exposure.
Why Article 116 Allegations Are Common in Florida
Florida’s military culture contributes heavily to breach-of-peace allegations due to:
- Bar fights and nightclub altercations (Jacksonville Beach, Miami, Tampa, Pensacola)
- Spring break and tourist-heavy nightlife
- High alcohol consumption
- Barracks overcrowding
- Off-base neighborhood disputes
- Mixed civilian–military environments
- Multiple witnesses with conflicting stories
- Young service members living tightly together
Many Article 116 cases arise because police or command want to “charge everyone involved,” regardless of who actually caused the disturbance.
Common Real-World Article 116 Scenarios
1. Bar or Club Fights
A few service members are involved, and police automatically label the group a “riot” or “disturbance.”
2. Large Arguments in Barracks
Alcohol and overcrowding cause shouting matches misinterpreted as group violence.
3. Domestic Disputes Involving Friends or Roommates
Groups gather, voices rise, and command accuses all present of “breach of peace.”
4. Defending a Friend in a Fight
Helping a teammate is misinterpreted as joining a riot.
5. Crowd Reaction to an Incident
A group rushes toward a commotion; investigators call it “rioting.”
6. Being Near a Fight Without Participating
Service members are often charged simply “for being there.”
7. Multiple Accusers Giving Different Stories
Conflicting accounts lead investigators to assume “everyone was fighting.”
8. Bystanders Accused
Individuals trying to break up a fight are incorrectly charged as participants.
9. Misinterpreted Cultural Behavior
Animated speech or loud conversation is mistaken for aggression.
10. Nightlife Escalation Involving Civilians
Mixed groups make it difficult to determine who did what.
How Article 116 Investigations Work
Investigators typically include:
- NCIS
- OSI
- CID
- CGIS
- Local Florida police
- Barracks management and duty staff
Common Investigative Failures
- Failure to identify actual aggressors
- Charging all present rather than the guilty party
- Misreading intoxicated witness statements
- Officer bias or desire to “set an example”
- Missing or ignored video evidence
- Lack of forensic or medical proof of violence
- Exaggerations by civilian complainants
Article 116 cases often fall apart once cross-examination and video evidence expose the truth.
Defense Strategies for Article 116 Cases
1. Attack the “Participation” Element
Mere presence is NOT enough. The accused must have actively engaged in the disturbance.
2. Show the Accused Was a Bystander or Peacemaker
Many service members attempt to break up fights, not join them.
3. Highlight Conflicting Witness Accounts
In Florida nightlife environments, most witnesses are intoxicated and unreliable.
4. Use Video and Digital Evidence
Security footage, cell phone videos, and surveillance often prove innocence.
5. Florida-Specific Defense Tactics
- Bar/club panic mislabeled as “riot”
- Spring break crowds causing misidentification
- Civilians exaggerating fights involving service members
6. Prove Lack of Wrongful Intent
- The accused walked away
- The accused attempted to de-escalate
- The accused was protecting someone
7. Attack the Government’s Narrative
Commands often exaggerate disturbances to justify punishment.
Pro Tips for Anyone Accused Under Article 116
- Do NOT give statements to NCIS/OSI/CID/CGIS.
- Do NOT explain or justify anything—silence is your shield.
- Preserve all video evidence immediately.
- Gather witness names and contact info.
- Avoid discussing the case with peers or roommates.
- Write a private timeline while events are fresh.
- Hire a civilian defense lawyer immediately.
Related UCMJ Articles
- UCMJ Article Hub
- Article 117 – Provoking Speeches or Gestures
- Article 128 – Assault
- Article 134 – Disorderly Conduct
- Article 134 – Communicating a Threat
Article 116 UCMJ – Frequently Asked Questions
Can I be convicted for just being present during a fight?
No. Presence alone is not enough. The prosecution must prove active participation or encouragement of the disturbance. We routinely defeat cases where service members were simply nearby.
Can self-defense defeat an Article 116 charge?
Yes. If you were protecting yourself or others, your conduct is not wrongful and cannot qualify as a riot or breach of peace.
Do nightclub fights count as a “riot”?
Not automatically. Florida nightlife incidents often involve confusion, noise, and crowd reaction—not organized or malicious “riots.”
Why was everyone involved charged?
Commands sometimes use Article 116 to punish entire groups when they can’t determine exactly who did what. We dismantle these “group guilt” cases with witness analysis and video evidence.
Why hire Gonzalez & Waddington?
We are globally recognized military defense lawyers with decades of experience defeating fight and riot allegations. We expose exaggeration, bias, poor investigations, and misinterpretation of chaotic events to protect your career and freedom.
Final Takeaways
Article 116 riot and breach-of-peace allegations often arise from chaotic, drunken, or emotionally charged situations. Most cases involve confusion, exaggeration, misidentification, or retaliatory accusations—not true riotous conduct. With expert legal strategy, witness analysis, and digital evidence, these cases can frequently be reduced or defeated.
Your silence protects you.
Your lawyer defends you.
Your strategy saves your future.