Article 126 Arson

Arson as Defined by the UCMJ

According to Article 126 of the Uniform Code of Military Justice (UCMJ), a service member can be charged with arson if he or she willfully and maliciously sets fire to or burns a dwelling or moveable or immovable structure.

Aggravated Arson vs. Simple Arson

A military member can be charged with either aggravated or simple arson, depending on various circumstances. Most often, if the service member burned or set fire to a dwelling or structure knowing that a person or people were inside of at the time of the incident, he or she could be charged with aggravated arson.

The accused could be charged with simple arson if he or she set fire to a dwelling or structure, and someone owned that property.

Possible Consequences of an Arson Conviction

If convicted of aggravated arson, you could face dishonorable discharge, forfeiture of all pay and allowances, and up to 20 years of confinement.

If convicted of simple arson, you could face dishonorable discharge, and forfeiture of all pay and allowances.

Confinement typically depends upon the value of the property you were convicted of setting fire to.

  • If the property was less than $500, you could face up to one year of confinement.
  • If the property was valued at over $500, you could face up to five years of confinement.

How We Can Help

If you’ve been charged with arson, it is important that you contact an experienced attorney right away. Garrison Wood specializes in military defense law and knows exactly how to handle cases just like yours. Give us a call today to discuss your options.

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