Article 128 Assault

Article 128, UCMJ. Assault. (a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

Under the Uniform Code of Military Justice, the offense of assault can be committed by one of three ways – offer, attempt, or by battery. An assault by offer places another person in reasonable apprehension of force. The act or omission can be intentional or culpably negligent. Touching is not required. An example could include pointing an unloaded person at another as a joke if the person is placed in reasonable apprehension of injury. [7] There is no assault if the circumstances indicate to the alleged victim that the accused does not intend to inflict injury.

The UCMJ Article 128 Assault lawyers at National Security Law Firm defend servicemembers facing courts-martial for Article 128 offenses and will ensure that all avenues of defense are pursued in your case.

Any person subject to this chapter who commits assault with intent to commit an offense specified in paragraph (2) shall be punished as a court-martial may direct.

If an accused has ‘attempted’ to assault, he would have shown an intention to inflict harm and made an overt act, showing he was more than prepared to commit assault and if the act itself is capable of inflicting bodily harm. This type of assault can occur even if a victim is unaware that the incident was committed.

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