At Bilecki Law Group, we don’t just talk about aggressive military defense—we fly in and fight anywhere in the world to defend service members who are getting steamrolled by the UCMJ. And thanks to new mandatory sentencing guidelines, the military justice system just became even more dangerous for those facing a court-martial.
For years, service members had the option of having a panel of fellow service members determine their sentence. A panel could consider military life’s unique challenges and nuances, and sometimes, they would show leniency. That option is now gone. Sentencing is now judge-alone for all non-capital offenses, and those judges are bound by new mandatory sentencing parameters that strip away much of the discretion that once existed.
If you are convicted at a court-martial, you can no longer count on a fair and measured sentencing process. What you are facing is a rigid, one-size-fits-all punishment structure that takes power away from the people who might understand you best—your fellow service members.
The Military Justice System Was Never About Justice—Now It’s Worse
The military justice system has always been more about maintaining discipline than uncovering the truth. It was never designed to be fair; it was designed to be efficient. Commanders want swift, decisive punishment because they believe it sends a message and keeps others in line.
That’s why these new sentencing guidelines are so dangerous. They make it easier than ever for the military to destroy a service member’s career. Before, a panel might consider your entire record, the circumstances of the incident, and the reality of military life. Now, military judges are locked into a sentencing framework that leaves little room for discretion. Even if a judge wanted to be lenient, they have to work within the confines of sentencing categories and mandatory minimums that Congress has now imposed.
A decorated NCO who gets into a bar fight off-post might have once walked away with a slap on the wrist from a panel. Now, that same fight could end a career.
How to Beat Mandatory Sentencing: Fight for Every Exception
First, don’t get convicted. However, that is not always a reality. The other way to push back against these sentencing guidelines is by fighting for every possible exception. A military judge is allowed to deviate from the sentencing framework, but only if there is a specific factual finding that justifies a reduced sentence. The problem is that they aren’t going to do that on their own. You have to force them into it. That means challenging every enhancement the prosecution tries to add. It means pushing back against every aggravating factor. It means exposing every weak point in the government’s case, and it means making sure the judge has a legitimate basis to rule in your favor.
This is not the time for a passive defense. If you sit back and let the prosecution control the narrative, you’re done. The only way to win under these new guidelines is to go on the offensive and put the government on defense.
Good Service Members Routinely Violate the UCMJ—That’s Just a Fact
If you believe these new guidelines will only hammer “bad” troops, you are dead wrong. Some of the greatest warfighters in military history would have been crushed under today’s UCMJ sentencing structure.
In 2009, Marine Corporal Dakota Meyer was ordered to stand down while his fellow Marines were ambushed in Kunar Province, Afghanistan. He ignored the order, fought his way into the kill zone, and saved multiple lives. Under today’s UCMJ, a command more focused on discipline than mission success could have charged him with disobeying a lawful order. Instead, he received the Medal of Honor.
In 1970, Army Sergeant Peter Lemon was defending Fire Base Illingworth in Vietnam when waves of North Vietnamese soldiers attacked. Despite being wounded multiple times, he held his ground, killing enemy soldiers in hand-to-hand combat. He was also high on marijuana at the time, a clear-cut UCMJ violation. Instead of a court-martial, he received the Medal of Honor.
These new sentencing guidelines don’t allow for context or common sense. They impose a rigid structure on a system that should be flexible enough to consider the complexities of military service.
What You’re Up Against: The UCMJ Sentencing Categories
The new sentencing guidelines classify offenses into six categories, with Category 1 being the least severe and Category 6 carrying the harshest penalties. Military prosecutors love stacking charges. That means instead of one conviction, a service member could be facing multiple charges across different categories, compounding the punishment. The President signed Executive Order 14130 on December 20, 2024, further refining the sentencing structure and ensuring even stricter adherence to these guidelines. The deck has never been more stacked against service members.
If you’re facing a court-martial, you need to understand exactly what category your charges fall into and how these new guidelines will impact your sentencing. The best way to do that is to speak with an attorney who knows how to fight back and exploit every possible exception.
Bilecki Law Group: Fighting Military Justice Overreach Anywhere in the World
These new sentencing guidelines were designed to make it easier for prosecutors to take good service members and crush them.
But here’s what hasn’t changed.
- Military investigators will still cut corners. We’ll expose it.
- Prosecutors will still overreach. We’ll be waiting for them
- Overseas commands will still isolate service members to pressure them into guilty pleas. We’ll fly in and stand by your side—anywhere in the world.
- You cannot afford to go into a court-martial under these new guidelines with weak legal representation. A free JAG attorney looking out for their own career isn’t going to save you. A civilian lawyer with no military experience isn’t going to save you.
You need a fighter in your corner.
FAQs About UCMJ Mandatory Sentencing Guidelines
When Did These Guidelines Go Into Effect?
The new guidelines apply to all guilty verdicts after December 27, 2023. Many service members don’t even realize this yet, but once the first harsh sentences start rolling in, that will change.
How do the mandatory sentencing guidelines impact my case?
The new guidelines categorize UCMJ offenses into six sentencing levels, each with defined minimum and maximum punishments. Military judges are now required to follow these sentencing parameters unless specific mitigating circumstances are proven. That means if you are convicted, the judge no longer has the discretion to issue a lighter sentence based on your service record, personal circumstances, or command recommendations alone.
The only way to secure a sentence below the mandatory range is by proving that an exception applies. That is where an aggressive legal strategy becomes critical.
What is the difference between the old sentencing system and the new one?
Previously, service members could elect to have sentencing decided by a panel of fellow service members. This often led to more balanced sentencing outcomes, as panel members understood the realities of military life. Now, all non-capital offenses must be sentenced by a military judge alone, and that judge is restricted by sentencing guidelines that remove much of their discretion.
Before, a judge or panel could consider a service member’s full record and give a fairer sentence based on the circumstances. Now, unless a specific exception applies, the judge must follow the preset sentencing range for the category of offense.
Are there any ways to get a sentence lower than the mandatory minimum?
Yes, but only under limited circumstances. Military judges can depart from the sentencing guidelines if an applicable mitigating factor is found. These can include:
• A lack of prior disciplinary history
• Evidence that the offense was substantially less severe than a typical offense in that category
• Cooperation with law enforcement that significantly assisted in resolving a larger case
• Substantial mental health concerns directly linked to the offense
Prosecutors will fight these exceptions at every turn. That is why your defense must aggressively challenge every aspect of the government’s case, from the credibility of their evidence to the application of sentencing factors.
What happens if I have multiple offenses under the guidelines?
The new system is designed to compound punishments. Each offense is categorized separately, and sentences for multiple convictions can be stacked consecutively, not concurrently. That means you could be facing far more time than you would have under the previous system.
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How does plea bargaining work under the new sentencing system?
The prosecution still has the power to negotiate pre-trial agreements, but the mandatory guidelines have changed how much flexibility they have. A plea deal can only adjust sentencing if:
• The government agrees to drop charges that carry higher sentencing minimums
• The military judge finds a valid exception that allows for a reduced sentence
• The deal includes specific sentence limitations agreed upon before trial
This makes plea bargaining more complex than before. In some cases, pleading guilty without securing a favorable sentencing agreement can be a massive mistake, as the judge is still bound by mandatory minimums.
What if I already admitted to the offense?
If you have already made statements admitting guilt, the government will use them against you. However, that does not mean your case is over. Even if guilt is not in question, the battle shifts to sentencing, where the focus is on:
• Preventing the government from stacking unnecessary charges
• Fighting to prove exceptions that justify a lower sentence
• Exposing flaws in the government’s handling of your case
• Negotiating a plea agreement that limits sentencing exposure
In a system where mandatory sentencing removes much of the judge’s discretion, the way your case is framed before sentencing can mean the difference between a career-ending punishment and an outcome that allows you to move forward.
Stop talking and call us. You’re in a bad position, but we’ve seen worse and still won. There’s still time to fight. If you’re facing a court-martial under these new sentencing guidelines, the time to act is now. Contact us and let’s get into the fight. (813) 669-3500.
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