Article 134 UCMJ – Disorderly Conduct – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 134 of the Uniform Code of Military Justice criminalizes disorderly conduct—behavior that disturbs public order, disrupts good discipline, or brings discredit upon the armed forces. Although the definition seems simple, disorderly conduct is one of the broadest and most frequently abused offenses in the UCMJ. The military often uses it as a “catch-all” punishment when no other article neatly fits the conduct.

Disorderly conduct is commonly charged in cases involving alcohol, nightlife incidents, fights, shouting, public arguments, barracks disturbances, road rage, domestic disputes, public intoxication, and social media outbursts. Many cases stem from misunderstandings, stress, intoxication, or emotional behavior—not criminal intent.

Florida’s military installations—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick Space Force Base, MacDill AFB, NSA Panama City, NAS Key West, and all Coast Guard Sectors—generate a high volume of disorderly conduct cases because of the state’s vibrant nightlife, beaches, tourism, alcohol consumption, and young military demographics.

Gonzalez & Waddington is internationally known for successfully defending service members accused of disorderly conduct, especially in alcohol-related or emotionally charged situations. We dismantle weak cases by exposing exaggeration, flawed police reports, unreliable witnesses, and command overreaction.

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What Disorderly Conduct Under Article 134 Includes

Disorderly conduct is defined as behavior that:

• Disturbs the peace
• Causes public alarm
• Incites a disturbance
• Creates a hazard or risk of harm
• Disrupts good order and discipline
• Brings discredit upon the service

This includes nonviolent, nonsexual, and often minor misconduct such as:

• Yelling or arguing loudly in public
• Drunken screaming or singing
• Slamming doors or walls
• Breaking up a fight but being mistaken for a participant
• Disruptive barracks behavior
• Throwing objects
• Public intoxication
• Road rage or aggressive hand gestures
• Causing a scene during a domestic dispute

In reality, most disorderly conduct cases involve alcohol and emotion, not criminal intent.

Elements of Disorderly Conduct Under Article 134

To convict a service member, prosecutors must prove:

1. The Accused Engaged in Disorderly or Disturbing Behavior

Behavior must disrupt the peace, cause alarm, or disturb others.

2. The Conduct Was Wrongful

Accidental or justifiable behavior does not qualify.

3. The Conduct Was Prejudicial or Service-Discrediting

The government must show actual harm—not just annoyance.

Common Behaviors Charged as Disorderly Conduct

1. Public Arguments

Most common in Florida nightlife districts or outside bars.

2. Screaming or Yelling While Intoxicated

Especially after sports events, club nights, or disputes.

3. Domestic Disputes in Public

Civilian police often escalate these to “disorderly conduct.”

4. Breaking Objects

Throwing bottles, smashing items, or knocking things over.

5. Helping Break Up a Fight

Misinterpreted as participating in the fight.

6. Loud Barracks Incidents

Noise complaints, drunken singing, slamming doors.

7. Road Rage

Shouting, honking, or aggressive gestures at other drivers.

8. Public Urination or Vomiting

Often misclassified as “disorderly” instead of “drunkenness.”

9. Impulsive Reactions to Emotional Stress

Breakups, bad news, or panic attacks.

10. Barracks “Horseplay”

Pranks or roughhousing interpreted as disruption.

Maximum Punishments for Disorderly Conduct

Punishments vary but may include:

• Confinement up to 6 months
• Forfeitures
• Reduction to E-1
• Bad-conduct discharge (in extreme cases)

More commonly, commanders use disorderly conduct to justify:

• NJP / Article 15
• Administrative separation
• GOMORs
• Command-directed counseling

Why Disorderly Conduct Charges Are Common in Florida

Florida’s environment creates a perfect storm:

• Nightlife districts (Jacksonville Beach, Miami, Tampa, Pensacola)
• Spring break crowds
• Tropical beach parties
• Barracks living with close quarters
• Large young enlisted population
• Civilian police quick to arrest military personnel
• Social media videos showing partial context

Most cases come from alcohol, stress, and heat-driven emotion, not actual criminal intention.

Florida-Specific Real-World Scenarios

1. Jacksonville Beach Bar Incidents

Shouting matches, drunken singing, refusing to leave when bars close.

2. Key West Nightlife Altercations

Misunderstandings with tourists escalate into police involvement.

3. Pensacola Flight Student Stress

Emotional outbursts during high-pressure aviation training.

4. Road Rage Near Military Bases

Aggressive driving near Eglin, Hurlburt, or MacDill leads to arrests.

5. Domestic Disputes Heard Through Thin Walls

Neighbors call police even when no violence occurred.

6. Barracks Horseplay Misinterpreted as Fighting

Frequent in young enlisted dorms.

7. Public Intoxication After Sporting Events

Florida hosts major NFL/NHL/college games that fuel these cases.

8. Tourist Complaints Against Service Members

Non-military civilians overreact to normal drunken behavior.

9. Social Media Videos

Clipped footage paints an inaccurate picture of events.

10. Holiday Parties Gone Wrong

Command cracks down aggressively after off-base incidents.

How Disorderly Conduct Investigations Work

Agencies involved often include:

• NCIS
• OSI
• CID
• CGIS
• Civilian police
• Command-directed 15-6 / JAGMAN / CDI investigators

Common Investigation Errors We Expose

• Alcohol-impaired witness statements
• Misidentification in chaotic environments
• Relying on one-sided civilian complaints
• Selective or retaliatory enforcement
• Failure to interview defense witnesses
• No evidence of actual disruption to good order
• Police exaggerating loud but harmless behavior

Most disorderly cases fall apart when the full context is revealed.

Defense Strategies for Disorderly Conduct Cases

1. Attack the “Prejudice to Good Order and Discipline” Element

Most conduct does NOT actually impact the mission or unit effectiveness.

2. Show Lack of Wrongful Intent

Drunken confusion, emotional reaction, or panic is not wrongful.

3. Use Video/Bodycam Footage to Prove Innocence

We frequently show that police overreacted.

4. Florida-Specific Defense Angles

• Heat, crowds, alcohol, and noise distort events
• Tourist witnesses exaggerate misconduct
• Young enlisted barracks fights misreported

5. Prove the Accused Was a Victim or Bystander

Police often arrest the wrong person or everyone present.

6. Highlight Witness Credibility Problems

Drunk civilians, angry spouses, or biased coworkers often exaggerate.

7. Show the Accused Was Trying to De-Escalate

Commands misunderstand well-intentioned behavior.

Pro Tips for Anyone Accused of Disorderly Conduct

• Do NOT give statements to military or civilian investigators.
• Preserve all video and text messages.
• Avoid contacting witnesses or accusers.
• Document your timeline and recollection privately.
• Stay off social media.
• Avoid discussing your case with unit members.
• Hire an experienced civilian defense lawyer early.

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Article 134 Disorderly Conduct – Frequently Asked Questions