Under military law, homicide refers to the unlawful killing of another human being. Not all homicides are murder, but all murders are homicides.
Articles 118 and 119 divide those offenses by intent, circumstances, and the degree of premeditation. While rare compared to other UCMJ charges, homicide cases attract the full weight of military and federal resources. They are investigated by senior law-enforcement agents, prosecuted by the most experienced trial counsel, and carry the harshest possible punishments.
Because of the nature of these cases, this page unavoidably contains a lot of complex legal and medical terminology. Your attorney will help you understand each term and how it applies to your case.
The Four Levels of Homicide under Article 118
1. Premeditated Murder
Obviously, this is the most serious form of homicide. The prosecution must prove that the accused killed another person with intent and prior consideration, even if only for an instant, before acting. Evidence of planning, lying in wait, or using a weapon in a deliberate way can support premeditation.
- Maximum punishment: Death or life imprisonment without parole.
- Key defense issues: mental responsibility, provocation, absence of planning, accidental discharge, or mistaken identity.
2. Intentional Murder without Premeditation
Here, the government must prove the accused intended to kill but acted suddenly, without prior planning. This covers deliberate killings in the heat of the moment, such as fights that escalate beyond control.
- Maximum punishment: Life imprisonment with eligibility for parole, dishonorable discharge, total forfeitures.
3. Unintentional Murder (While Doing an Inherently Dangerous Thing)
This offense applies when the accused kills someone while committing or attempting to do something obviously dangerous, like shooting into a tent, reckless driving at extreme speed, or mindless handling of a loaded weapon, showing a serious disregard for human life.
- Maximum punishment: Life imprisonment with eligibility for parole, dishonorable discharge, total forfeitures.
4. Felony Murder
This form occurs when a killing happens during the commission of another serious crime, even without intent to kill: for example, an accidental death during a robbery, rape, or arson.
- Maximum punishment: Death or life imprisonment without parole if the underlying offense qualifies as a capital crime.
Article 119 – Manslaughter
Manslaughter covers unlawful killings that lack the malice or intent required for murder. The UCMJ recognizes two types:
Voluntary Manslaughter
- A killing committed in the heat of passion caused by adequate provocation, like an argument or fight that suddenly turns deadly.
- The act must occur before the accused has cooled off.
- Maximum punishment: 15 years confinement, dishonorable discharge, total forfeitures.
Involuntary Manslaughter
- A killing that results from reckless or negligent conduct rather than intent: negligent weapon handling, reckless driving, or carelessness during training.
- Maximum punishment: 10 years confinement, dishonorable discharge, total forfeitures.
Article 119a – Death of an Unborn Child
Added in recent years, Article 119a criminalizes causing the death or injury of an unborn child during the commission of certain offenses, even if the mother survives. Penalties mirror those for homicide, depending on the level of intent.
Article 119b – Child Abuse and Neglect
Separate from homicide, Article 119b covers acts or omissions that cause or risk serious harm to a child. Cases resulting in death can be prosecuted under both 119b and 118 or 119. (See our dedicated Article 119b page for details.)
Common Medical Issues in UCMJ Homicide Cases
Medical evidence often becomes the deciding factor in a homicide or manslaughter trial. A strong defense must challenge the government’s interpretation of injuries, cause of death, and timing. The science rarely tells a single, simple story.
Autopsy and Cause of Death
Pathologists interpret findings within the limits of human judgment. Disagreements are common on key questions: whether a wound was fatal by itself, whether medical care contributed to the death, or whether the fatal process began long before the incident in question.
A defense expert should review every page of the autopsy report, including toxicology, to confirm the government’s conclusions are even medically possible.
Time of Death and Causation
Prosecutors often present a clean timeline. Real physiology is messier. A person can appear stable, then die hours later from internal bleeding or an undiagnosed condition. Determining when the fatal injury occurred, and whether the accused caused it, is a medical question, not a moral one.
In training or altercation cases, this often becomes the line between murder, manslaughter, or no crime at all.
Medical Negligence and Intervening Causes
Sometimes a death results partly from poor medical care after the injury. If the accused’s act would not have been fatal without a botched procedure or delayed treatment, that chain of causation is legally important. Military courts recognize “intervening cause” as a valid defense when the medical error is extraordinary enough to break the causal link.
Toxicology and Drug Interactions
Alcohol, prescription drugs, and illicit substances can all complicate a death investigation. Toxicology reports reveal chemical levels but not necessarily how or when those substances were taken. Postmortem redistribution (the shifting of drugs between tissues after death) can create misleading results. These cases require careful interpretation by defense experts, not blind acceptance of laboratory printouts.
Biomechanics and the Limits of Force
Modern homicide cases increasingly involve biomechanical analysis, determining whether a fall, punch, or vehicle impact could have caused the fatal injuries claimed. Forensic biomechanics can prove that a “deadly blow” described by the prosecution could not physically have caused the observed damage, turning a murder accusation into an accident.
Psychological and Physiological Factors
Sudden cardiac events, excited delirium, or pre-existing conditions like aneurysms can mimic or complicate alleged assaults. The defense must ensure the medical narrative accounts for the body’s full story, not just the prosecution’s theory of intent.
Common Legal Issues in Military Homicide Cases
- Self-Defense and Defense of Others: Deadly force is justified only when there is a reasonable belief of imminent death or serious bodily harm. The proportionality of the response is always an issue.
- Accidental Discharge: The government must prove that negligence rose above ordinary carelessness; gross negligence or recklessness is required for criminal liability.
- Causation and Medical Evidence: Especially in training accidents or delayed deaths, establishing a direct causal link between the accused’s act and the death is often the central battle.
- Mental Health and Diminished Capacity: Diagnosed disorders, PTSD, or intoxication may affect intent or the ability to premeditate, though they rarely create full defenses.
As Serious as it Gets
Conviction for any form of homicide under the UCMJ is career-ending and life-altering. Even involuntary manslaughter carries a dishonorable discharge and double-digit confinement exposure. Every case requires a detailed reconstruction of the incident, witness credibility assessment, and forensic analysis far beyond standard UCMJ practice.
Talk to a Civilian UCMJ Lawyer about Homicide Charges
If you are under investigation for a death or serious injury, early representation is critical. Our firm has handled homicide, manslaughter, and negligent death cases in the military justice system for over twenty years. Call 800-319-3134 for a confidential case review.