Article 118 UCMJ – Murder and Homicide Charges in the Military

What to Know If You’re Facing the Most Serious Criminal Charge in the U.S. Military

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

Investigation by CID, NCIS, or OSI
Preferral of charges and placement in pretrial confinement
Article 32 hearing with legal representation
Referral to general court-martial
Trial with judge or panel, including expert testimony and forensic evidence
Sentencing phase if convicted
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

Can I be charged with murder during deployment?

Yes. If the military believes your use of force violated the laws of war or rules of engagement, you can be prosecuted for murder—even in combat zones.

Is the death penalty still used in the military?

Yes, though rare. The death penalty remains an option under Article 118 for premeditated murder with aggravating factors. It requires unanimous jury agreement and presidential approval.

Can I be convicted of murder without a weapon?

Yes. The method doesn’t matter. The government must prove intent and causation—whether by hands, blunt object, or neglect.

Can I face both military and civilian charges for murder?

Yes. This is called dual sovereignty. Civilian courts and military courts can both prosecute the same act independently.