Article 15/Non-Judicial Punishment Attorney
Hire an Experienced Military Criminal Attorney to Defend Your Career & Reputation
Is your military career in jeopardy due to an accusation of a minor offense under Article 15? It’s imperative to seek the counsel of an aggressive attorney who can protect your interests and keep you in good standing. At Raiser & Kenniff, P.C., our team of military defense lawyers has successfully represented service members worldwide facing charges of Article 15 / non-judicial punishment (NJP).
When faced with an NJP, you are not forced to accept it; there are options and choices available to you. When you hire us for representation, we will be committed to defending you no matter where you are based or stationed. We have the familiarity with the law and decades of experience to provide you with the proper legal guidance to navigate an NJP referral and make the right steps to protect your military career and future.
Call (888) 646-0025 today to request a free consultation. Our team is available 24/7 to discuss your unique case.
What is Article 15 / Non-Judicial Punishment?
Non-judicial punishment, also known as Article 15, Captain’s Mast, or Office Hours depending on the service you are in, is a statute in the Uniform Code of Military Justice (UNMJ) that a commanding officer can issue to a service member for violations that are minor enough to not warrant a judicial process or court-martial.
If you are a military member that is not on a vessel and are charged with an NJP, you can either accept Article 15 or refuse it and demand a court-martial trial.
If you decide to accept an Article 15:
- You lose your right to demand trial by court-martial.
- Discretion is left to the imposing commander to determine guilt.
- You waive your right to have your case heard by an impartial judge, essentially leaving your fate totally in your commanding officer’s hands.
If you refuse an Article 15:
- The chain of command can choose to drop the case or escalate it to court-martial
- If court-martialed, the punishments are much more serious if found guilty
- You have the right to be represented by a lawyer
Before making either decision, it is imperative that you first discuss the matter with a military criminal lawyer who can educate you on your rights and weigh your options.
What are the Punishments if Convicted under Article 15?
If you are found guilty under Article 15, the punishments can negatively impact your military future.
The usual punishments wielded to guilty military members include:
- Forfeiting pay
- Reprimands
- Additional duties
- Restriction to military quarters
- Reduction in grade
Unlike a court-martial, Article 15 punishments do not result in a criminal conviction and you cannot be kicked out of service. You have the right to appeal the punishment and can consult an attorney before making any decision. Signing any documentation waives your right to legal counsel and limits your protections and what you can do. If you are not sure whether to accept or refuse an Article 15, a military criminal defense attorney well versed in NJP matters can advise you on the best course of action to take.
Why You Should Refuse NJP / Article 15 & Demand Court-Martial Trial
Even if you feel an NJP may be minor, accepting an Article 15 and being convicted can put you on a path where your career is on shaky ground and could potentially end. While refusing NJP and demanding a trial by court-martial is risky because of the higher stakes and potential for separation, it could also be the best option to choose to clear your name and drop the charge entirely.
Court-martials have stricter procedures that can benefit you in the following ways:
- You have the right to attorney representation
- Your fate will be decided by a neutral military judge or jury
- The burden of proof on the government to find you guilty is higher
It is important to note that the demand of a court-martial isn’t always guaranteed and is up to the commanding officer who imposed the NJP to determine. They can choose to conduct other administrative actions, suspend the NJP, or do nothing at all. Also, there are chances they may order a summary court-martial, where an officer can serve as prosecutor, defense counsel, judge, and jury. This can be detrimental to your hopes of dropping the NJP, so you have the right to refuse this as well.
The complications that may arise can be hard to navigate without a well-informed criminal military lawyer guiding your decision making. Our job at that point would be to ultimately get you to a court-martial procedure where we can defend you and fight the charges.
Schedule a Consultation with an Experienced Article 15 / NJP Attorney
With our founders serving as former prosecutors and former JAG officers, we know what it takes to defend our clients and are familiar with military matters. In our over 100 combined years of experience, we know all too well of service members who were quick to accept NJP and regretted their decision. Before you follow in their footsteps and make a hasty decision to accept an Article 15 / non-judicial punishment, you should consider what it will mean for your career and future.
The dedicated team at Raiser & Kenniff, P.C. has dealt with numerous clients in your same position and has a proven track record of securing favorable outcomes. No matter where you are stationed, we will travel to you and work closely with you to present a compelling case and protect your good name.
Call Raiser & Kenniff, P.C. at (888) 646-0025 or fill out our online form to schedule a free consultation. Our Article 15 defense attorneys are eager to discuss your case.
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