Insubordination Defense

Are you a military servicemember who has been accused of insubordination? If so, it is important to speak with an experienced civilian military attorney immediately. Insubordination charges can have serious military and civilian consequences.

The best way to reduce the negative consequences of an insubordination charge is by asserting an aggressive defense.

Our civilian military defense attorneys have nearly two decades of experience representing military servicemembers and veterans. We will use our in-depth knowledge of military law and procedure to help minimize the consequences you face.

It is important to remember that a charge for insubordination does not automatically mean you will be convicted. You have the right to assert a defense.

Contact our office for more information about how to fight back against insubordination charges.

Insubordination in the Military

Insubordination is a widely used charge to punish behavior that is considered to be unacceptable in the military. Legally speaking, there are three primary ways you can be charged with insubordination in the military. Article 91 of the Uniform Code of Military Justice defines the crime of insubordination as:

1. Striking or assaulting an officer, noncommissioned officer, or petty officer while they are performing their official duties;
2. Intentionally disobeying a lawful order; or
3. Physically or verbally disrespecting an officer while they are performing their official duties.

As you can see, there are quite a few ways your behavior could be considered insubordination. It is important to remember that you can only be convicted for insubordination if you had the required knowledge. You must have known that officer you assaulted/disobeyed/disrespected was warrant, noncommissioned (NCO), or petty officer (PO). You cannot be convicted for insubordination if you did not have this knowledge.

Penalties for Insubordination in the Military

The consequences of insubordination range from minor to serious. The severity of the penalty will depend on (1) your conduct, and (2) the seniority of the officer you assault/disobey/disrespect.

The court-martial will ultimately have discretion in determining the penalty that is most appropriate.

Insubordination by Striking or Assaulting an Officer

1. If the victim of your insubordination is a warrant officer, penalties could include
   • dishonorable discharge,
   • forfeiture of pay and allowances, and/or
   • confinement of up to 5 years.
2. If the victim of your insubordination is a superior noncommissioned (NCO) or petty officer (PO), penalties could include:
   • dishonorable discharge,
   • forfeiture of pay and allowances, and/or
   • confinement of up to 3 years.
3. If the victim of your insubordination is a noncommissioned (NCO) or petty officer (PO) who is not a superior, penalties could include:
   • Dishonorable discharge,
   • Forfeiture of pay and allowances, and/or
   • Confinement of up to 1 year.

Insubordination by Intentionally Disobeying an Order

1. If the victim of your insubordination is a warrant officer, penalties could include:
   • Dishonorable discharge,
   • Forfeiture of pay and allowances, and/or
   • Confinement of up to 2 years.
2. If the victim of your insubordination is a noncommissioned (NCO) or petty officer (PO), penalties could include:
   • Bad-conduct discharge,
   • Forfeiture of pay and allowances, and/or
   • Confinement of up to 1 year.

Insubordination by Disrespect or Contempt

1. If the victim of your insubordination is a warrant officer, penalties could include:
   • Bad-conduct discharge,
   • Forfeiture of all pay and allowances, and/or
   • Confinement of up to 9 months.
2. If the victim of your insubordination is a superior noncommissioned (NCO) or petty officer (PO), penalties could include:
   • Bad-conduct discharge,
   • Forfeiture of all pay and allowances, and/or
   • Confinement of up to 6 months.
3. If the victim of your insubordination is a noncommissioned (NCO) or petty officer (PO) who is not a superior, penalties could include:
   • Bad-conduct discharge,
   • Forfeiture of a portion of your pay and allowances, and/or
   • Confinement of up to 3 months.

Defending Against Charges of Insubordination

Just because you have been charged with insubordination does not mean that you will be convicted. Hiring an experienced civilian military defense attorney is the best way to limit the consequences of the charges against you. Our attorneys will aggressively defend you against the charges you face.

We will conduct a thorough investigation into your alleged infraction. We will use the information we gather to limit the government’s ability to build a case against you. We understand military law and procedure and will use it to your advantage.

Charges for insubordination can result in your involuntary discharge from the military, forfeiture of pay and benefits, and even time behind bars.

It is important to fight back when you have been accused of insubordination. Hiring a civilian military defense attorney will increase your chances of a successful outcome.

Contact our office today to schedule a free consultation. We will explain the seriousness of the charges and answer any question you may have.