Article 118 UCMJ – Murder and Homicide Charges in the Military

Gonzalez & Waddington, Attorneys at Law are internationally recognized military defense lawyers and UCMJ law experts who defend service members accused of murder and homicide under Article 118 of the Uniform Code of Military Justice (UCMJ). These are among the most serious offenses in military law, carrying potential sentences of life imprisonment or the death penalty. When the government charges a service member with homicide, the full weight of the military justice system mobilizes against them—including prosecutors, investigators, and forensic experts. Our firm provides elite, aggressive defense when everything is at stake.

Michael Waddington and Alexandra Gonzalez-Waddington have defended Soldiers, Sailors, Airmen, Marines, Guardians, and Coast Guardsmen in complex homicide and combat-related cases across the United States and abroad. Their experience includes battlefield killings, self-defense in combat zones, negligent homicide in training environments, and domestic murder allegations. They are known for exposing investigative failures, cross-examining forensic experts, and challenging flawed government theories of intent.

Understanding Article 118 – Murder under the UCMJ

• Premeditated Murder: Intentional killing with preplanning or deliberation. The prosecution must prove specific intent beyond a reasonable doubt.
• Intent to Kill or Inflict Great Bodily Harm: Killing without premeditation but with clear intent to cause death or severe injury.
• Act Inherently Dangerous to Another: Engaging in an act known to be dangerous, showing wanton disregard for human life.
• Felony Murder: A killing committed during the commission or attempted commission of certain felonies.

Each classification requires different elements of proof. Many accused service members face overcharging—where prosecutors pursue a murder conviction even when evidence supports only negligent homicide or self-defense. A strategic defense is essential to force the government to prove its case beyond a reasonable doubt.

Why Gonzalez & Waddington Are Top-Rated Article 118 Defense Lawyers

• ✅ Extensive homicide trial experience in both military and combat environments.
• ✅ Proven record defending life-sentence and capital cases in multiple branches.
• ✅ Expertise in forensic cross-examination—DNA, ballistics, toxicology, pathology, and blood spatter.
• ✅ Experience defending self-defense, combat-zone killings, and justifiable use of deadly force under the Rules of Engagement (ROE).
• ✅ Independent civilian counsel—free from command influence, dedicated solely to the client’s defense.

Common Defenses to Murder Charges Under Article 118

• Self-Defense: The accused reasonably believed deadly force was necessary to protect themselves or others.
• Defense of Others: The act was done to protect another service member from imminent harm or death.
• Accident: The death was the result of a lawful act conducted without criminal intent or negligence.
• Lack of Intent: The government cannot prove the accused acted with malice aforethought or specific intent.
• Combat Immunity: Death occurred during lawful combat operations under proper ROE.

Because murder charges under Article 118 can arise in diverse contexts—combat zones, domestic disputes, training accidents, or off-duty altercations—each case demands a customized defense strategy. Gonzalez & Waddington are known for dissecting government forensic evidence, cross-examining key witnesses, and revealing command bias that often taints military homicide investigations.

If you are under investigation or charged with murder under Article 118 UCMJ, contact Gonzalez & Waddington immediately. Your freedom and future depend on experienced, battle-proven defense counsel.

Article 118 UCMJ – Murder & Homicide Defense FAQs

What Is Article 118?

Article 118 of the Uniform Code of Military Justice (UCMJ) criminalizes the unlawful killing of a human being. It covers all types of homicide—premeditated murder, felony murder, intentional killing, and killing through reckless behavior. It is the most serious criminal offense under military law, with punishments including life imprisonment or even the death penalty in extreme cases.

Service members accused under Article 118 face high-profile scrutiny, full-scale law enforcement investigations, and the full weight of the military justice system. Even suspicion of involvement in a homicide can result in pretrial confinement and reputational destruction. If you or someone in your unit is being investigated for murder, seek legal counsel immediately.

Types of Murder Under Article 118

• Premeditated Murder: The intentional and planned killing of another person.
• Intent to Kill Murder: The accused intended to kill the victim, even without premeditation.
• Felony Murder: A killing that occurred during the commission of another felony (e.g., rape, robbery, arson).
• Act Evincing a Wanton Disregard for Life: Homicide resulting from reckless or extremely negligent conduct.

Elements the Government Must Prove

To convict under Article 118, the prosecution must prove:

• A death occurred
• The accused caused the death
• The accused had the required mental intent (premeditated, specific intent, or recklessness)
• The killing was unlawful (not in combat, not in self-defense, etc.)

What Makes a Killing “Unlawful”?

Some killings are legally justified or excusable. Article 118 does not apply to:

• Lawful combat in war or self-defense in armed conflict
• Killing in defense of self or others when faced with an imminent threat
• Accidental death without negligence or criminal recklessness

The key is whether the killing violated law, exceeded proportional force, or stemmed from unlawful intent.

Penalties for Article 118 Convictions

• Premeditated Murder: Life imprisonment or the death penalty
• Felony Murder: Life imprisonment (with or without parole)
• Intentional but not premeditated killing: Up to life imprisonment
• Reckless killing: Up to 20 years in prison
• All types: Dishonorable discharge, total forfeiture of pay and allowances, and reduction to E-1

Real Case Example

Scenario: A soldier on deployment was charged with murder after a detainee died in custody. Witnesses claimed the accused used excessive force during an interrogation.

Defense: The defense argued that the detainee was combative and suffered preexisting injuries. Expert testimony challenged the timeline of death. After a highly publicized trial, the soldier was acquitted of murder but convicted of assault and received a lesser sentence.

Common Defenses to Article 118 Charges

• Self-Defense: The accused used necessary and proportional force to protect themselves or others.
• Lack of Intent: There was no plan, premeditation, or specific desire to kill.
• Justifiable Homicide: The death occurred during combat operations or under authorized rules of engagement.
• Accident: The death was not caused by a criminal act or was due to a mishap.
• Insufficient Proof: The prosecution cannot tie the accused directly to the cause of death.

How Military Murder Trials Work

1. Investigation by CID, NCIS, or OSI
2. Preferral of charges and placement in pretrial confinement
3. Article 32 hearing with legal representation
4. Referral to general court-martial
5. Trial with judge or panel, including expert testimony and forensic evidence
6. Sentencing phase if convicted
7. Post-trial appeal to service-specific courts and the Court of Appeals for the Armed Forces (CAAF)

What to Do If You’re Under Investigation

• Say nothing—invoke Article 31b rights immediately
• Hire a civilian lawyer with experience in homicide and war crimes cases
• Begin documenting all facts, timelines, orders, and witnesses
• Preserve texts, photos, and location data from the day of the incident
• Do not speak with command, peers, or media

FAQ – People Also Ask