Understanding Article 91: Assaulting a Superior NCO or Petty Officer in the Military
Military service demands discipline, respect, and adherence to a strict chain of command. When this order is disrupted, especially by acts of violence or assault against superior non-commissioned officers (NCOs) or petty officers, the consequences can be severe. In this post, we delve into Article 91 of the Uniform Code of Military Justice (UCMJ), which addresses the serious offense of assaulting a superior NCO or petty officer, and what it means for service members facing such charges.
What is Article 91 of the UCMJ?
Article 91 specifically covers the offense of striking or assaulting a superior non-commissioned officer or petty officer. This is not a minor infraction; it is considered a felony-level offense within the military justice system. The article is designed to maintain the integrity of the military hierarchy and ensure respect and order within the ranks.
Mike Waddington, a seasoned court-martial defense attorney, explains that Article 91 penalizes any act of striking or assaulting a superior NCO or petty officer. Because these individuals hold leadership roles and are essential to maintaining discipline, the military treats assaults against them with utmost seriousness.
Potential Punishments Under Article 91
The penalties for violating Article 91 can be severe, reflecting the military’s commitment to upholding discipline. Possible punishments include:
- Confinement: Up to three years in confinement may be imposed depending on the circumstances and severity of the assault.
- Dishonorable Discharge: A dishonorable discharge can have lasting impacts on a service member’s life, affecting future employment and veteran benefits.
- Forfeiture of Pay and Allowances: Convicted individuals may lose all pay and allowances, which can have significant financial consequences.
Given these harsh penalties, it is crucial for anyone charged under Article 91 to seek experienced legal counsel promptly.
Why Is Assaulting a Superior NCO or Petty Officer Taken So Seriously?
The military operates under a strict chain of command, where orders flow down the ranks and discipline is maintained through respect for authority. When a superior NCO or petty officer is assaulted, it not only endangers the individual but also threatens the stability and order of the entire unit. Such behavior undermines morale and can compromise mission readiness.
Therefore, the UCMJ treats these offenses more harshly than typical assault charges in civilian courts. It serves as a deterrent to ensure that respect for leadership is preserved at all times.
Additional Context: Understanding the Roles of NCOs and Petty Officers
Non-commissioned officers (NCOs) and petty officers are the backbone of the military. They serve as the critical link between the enlisted ranks and commissioned officers, providing leadership, training, and discipline. Their authority is earned through experience and responsibility, and they play a pivotal role in the daily functioning of military units.
Because of their integral role, any assault against these leaders is viewed as a direct attack on the military’s command structure. The protection of these individuals under Article 91 reflects their importance in maintaining order.
What to Do If You or a Loved One Is Charged Under Article 91
Facing charges under Article 91 can be overwhelming and have life-altering consequences. It is imperative to act quickly and consult with an experienced military defense attorney who understands the nuances of the UCMJ and military court-martial proceedings.
Legal experts like Mike Waddington specialize in defending service members accused of such offenses. They can provide essential guidance, build a strong defense, and help navigate the complex military justice system.
For those seeking assistance, contacting a military defense attorney immediately is the best course of action to protect your rights and future.
Conclusion
Article 91 of the UCMJ underscores the military’s zero-tolerance policy toward assaults on superior NCOs and petty officers. The offense carries severe penalties, including imprisonment, dishonorable discharge, and financial repercussions. Understanding the gravity of these charges and the importance of the military chain of command highlights why such actions are prosecuted vigorously.
If you or a loved one is facing such charges, it is vital to consult with a knowledgeable military defense attorney promptly. Upholding justice and protecting your rights starts with expert legal support.
For more information or to speak with an experienced military defense attorney, visit courtmartialattorneys.com or call 1-800-921-8607.