Military Malingering Allegations (UCMJ Article 83) – Military Defense Lawyer

Military Malingering Allegations Can be Very Serious and Can Threaten Your Military Career and Future.

When military members are accused of malingering, they can face a variety of military adverse actions and disciplinary actions, to include court-martial trial. If you are a military member facing this allegation, you need a strong military defense lawyer as your advocate. Attorney Richard V. Stevens is a civilian court-martial defense lawyer and military defense lawyer. He began handling military cases in 1995 and he has been handling military cases for over 30 years. This has included multiple military malingering cases over three decades of military law practice. Attorney Stevens, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of this military criminal claim.

Military Malingering Cases (UCMJ Article 83)

Military malingering allegations are charged under Uniform Code of Military Justice (UCMJ) Article 83. This military offense covers the following:

A military member who, with the intent to avoid work, duty, or service —

(1) feigns illness, physical disablement, mental lapse, or mental derangement; or

(2) intentionally inflicts self-injury.

What this military offense is designed to address are scenarios in which a military member attempts to avoid performance of any work, duty, or service which may properly or normally be expected of one in the military service. Whether to avoid all duties, or just a particular job/duty, the offense is focused on the purpose to shirk (avoid) duty.

A military malingering offense does not require a self-inflicted injury to be permanent, nor does the offense require the false physical or mental disability to be described as serious. If self-injury is alleged, that injury may be inflicted by nonviolent as well as by violent means, and may be accomplished by any act or omission which produces, prolongs, or aggravates any sickness or disability. Therefore, for example, voluntary starvation which results in debility is a self-inflicted injury, and when done for the purpose of avoiding work, duty, or service that would constitute a violation of this article of the UCMJ.

It should further be understood that the particular circumstances of the situation are important in determining the maximum allowable punishment. For example, faking an illness in garrison includes a maximum court-martial sentence of 1 year of confinement. Faking an illness in a hostile fire pay zone or time of war includes a maximum court-martial sentence of 3 years of confinement. Likewise, if the case allegedly involves self-inflicted injury, if done in garrison, the maximum court-martial sentence includes 5 years of confinement; but, if done in a hostile fire pay zone or time of war, the maximum court-martial sentence includes 10 years of confinement.

Over our many years of military law practice, our civilian court-martial defense lawyers have defended numerous military cases alleging this offense, including in combat zones. Depending on the factual scenario alleged, these cases can be complicated and can be quite serious.

Handling these serious military cases requires the expertise of a skilled military defense lawyer. A military member accused of these offenses could face extreme jeopardy – possible federal criminal conviction, lengthy jail terms, dishonorable discharge or dismissal, and a variety of other legal, professional, personal, and family consequences.

An experienced and aggressive defense attorney is absolutely vital in these military cases.

Civilian court-martial defense attorney Richard V. Stevens is a civilian criminal defense attorney and former active duty military JAG lawyer who exclusively practices military law and defends military members stationed around the world who are facing military trials, discipline and investigations. If you’re these military allegations, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.

No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.

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