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Last Modified on Dec 08, 2025
Military members are held to different legal standards than non-military members. For service members in Raleigh, it can be troubling to be accused of violating the Uniform Code of Military Justice (UCMJ). If you’re facing UCMJ charges in Raleigh, it’s crucial to contact an attorney.
Whether your UCMJ violation came from a major mistake or a small misunderstanding, on or off duty, the right lawyer can make all the difference. They can use their detailed understanding of military laws to craft a professional defense with your interests in mind. Our firm provides a skilled Raleigh military criminal defense lawyer to help you navigate these complex proceedings.
The Legalities and History of UCMJ
Based on the unique job requirements, behavior standards, access to sensitive information, and living conditions of military members, their legal system has been adapted accordingly. UCMJ is the governing framework of laws that applies to all members of the Armed and Uniformed military service branches.
This legal framework was enacted in 1951 to make laws uniform across military branches during war and peacetime. It is periodically updated as needed, usually through the NDAA (National Defense Authorization Act).
What Are the Different Types of UCMJ Violations?
Given the emphasis military institutions put on order, hierarchy, procedures, and consistency, many violations can result in punishment. Some of the most common violations a military member may face include:
- Article 86: Absent Without Leave (AWOL)
- Article 89: Disrespect toward a superior officer
- Article 92: Failure to obey an order or regulation
- Article 112: Being drunk on duty
- Article 120: Sexual assault and harassment
In addition to these specific offenses, Article 134 functions as a catch-all portion of the law and as a broad policy that encompasses various actions unbecoming of a service member. You may want to see how UCMJ Article 120 is specifically applied in modern military courts. Given how these laws are strict but sometimes also open to interpretation, it’s crucial for military members to contact an experienced lawyer if they’re facing a UCMJ case.
Raleigh Is a Popular Military Location
Raleigh, North Carolina, is a major location for military recruiting, specifically at The Raleigh Battalion. This location has about 268 military members and civilians on the premises. It covers 40,087 square miles and functions as an entry to the service for many state residents. Given Raleigh’s proximity to other North Carolina military bases such as Fort Liberty and Camp Lejeune, many service members in this area may encounter legal issues. If your situation involves professional oversight, a dedicated Raleigh judicial standards defense lawyer can provide the necessary guidance.
UCMJ Charges Can Be Unexpected
Not every violation of military law constitutes an overt and dangerous misstep. Sometimes a person may make small mistakes that, in the context of the military’s strict behavioral guidelines, become a major legal issue. Examples include:
- Questioning a superior officer’s decision can be interpreted as disobedience
- One drink too many can lead to accusations of drunkenness on military grounds
- Misunderstanding of a regulation can be interpreted as an intentional violation
- Leaving without completing proper procedures could count as going AWOL
- Violations of civilian law can lead to UCMJ charges under Title 134
Even a military member with an otherwise spotless record and numerous honors to their name can experience an accusation and end up facing legal consequences. It is also important to understand what constitutes criminal intent in North Carolina when facing charges that overlap with civilian law. But when you hire a UCMJ lawyer, you can gain a valuable partner who may be able to challenge the charges against you.
Hire a UCMJ Lawyer Today
When you have a legal professional by your side, any UCMJ case may become easier. This is because they can take many steps to protect your rights, including:
- Hearing your side of the story (even if your superior officers wouldn’t)
- Challenging the evidence to dispute the claim of a policy violation
- Briefing you on which verdict is most likely and how to pursue it
- Guiding you on etiquette in the strict environment of military courts
- Helping to advocate for your status, benefits, and other earned honors
If you feel your rights have been violated within your unit, a reliable Raleigh Article 138 lawyer can help you file a formal complaint of wrongs. A person’s military career, present and future, can be at risk by even one policy violation. A Raleigh UCMJ attorney can help you safeguard your reputation, accolades, and military membership.
FAQs
How Does a UCMJ Case Typically Work?
UCMJ cases typically start with an investigation to gather evidence of alleged misconduct or violations. Authorities may advocate for non-judicial punishment, or they may choose to take the matter to military court. In this case, the proceedings can involve an initial hearing and multiple hearings afterward, depending on the number of people involved, the amount of evidence, and the seriousness of charges.
Can a UCMJ Violation Lead to Dishonorable Discharge?
A dishonorable discharge is a possible consequence of a UCMJ violation. Though this is rare, it is crucial to contact a skilled Raleigh UCMJ attorney. They can work diligently to create a solid defense, minimizing your chance of dishonorable discharge and increasing the likelihood of a more favorable verdict.
How Can a Lawyer Defend You Against a UCMJ Violation?
A lawyer can defend you against a UCMJ violation through multiple strategies. They may challenge the evidence of your violation by refuting or debating the evidence presented by the prosecution. They may also cite any positive accomplishments or good records of behavior you have, to make a case for your character and potentially get your charge reduced or dismissed.
What Happens When You Have More Than One UCMJ Violation?
When a military member has more than one UCMJ violation, the court may address them separately or together, and these circumstances could result in harsher punishments. The same could be true for a person with a previous violation who got another, although a skilled Raleigh, North Carolina lawyer may still be able to defend you, depending on the nature and severity of the violations.
Contact With a North Carolina UCMJ Lawyer Today
If you’re a Raleigh military member who has encountered legal trouble for UCMJ violations, our team can help. At W. James Payne Law Firm, we bring 40 years of experience, plenty of professional accolades, many positive reviews, and a detailed understanding of UCMJ laws.
Our lawyers have great respect for military members and can work diligently to defend your character, active-duty status, benefits, and all the other personal and professional accolades that come with military service. Contact us to get started.
Raleigh, NC UCMJ Charges Resources
