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Punitive Articles of the UCMJ
At Bilecki Law Group, we examine the evidence behind every charge under the punitive articles of the UCMJ and prepare the strongest defense it supports. We fly in court martial defense lawyers anywhere in the world and take the fight right to the heart of the prosecution.
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A Brief Guide
Court Martial Defense - Punitive Articles of the UCMJ
Understanding Maximum Punishments and Sentencing Parameters
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must use the applicable confinement range unless specific facts justify a departure, which requires a written explanation. A category range does not increase the offense’s lawful maximum or the court-martial’s jurisdictional limit. An offense assigned sentencing criteria instead of a category requires consideration of those criteria. These are current rules; the date of the alleged conduct determines which offense definition and maximum punishment apply. Earlier conduct requires checking the earlier law. Confinement ranges are separate from authorized discharge, forfeiture and other punishments. Reduction to E-1 applies to enlisted personnel, not officers. Punitive separation also depends on military status. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members.
The standard category ranges are: Category 1, 0–12 months; Category 2, 1–36 months; Category 3, 30–120 months; Category 4, 120–240 months; Category 5, 240–480 months; and Category 6, life with eligibility for parole. These ranges do not tell you the total exposure from several convictions. The rules governing concurrent and consecutive confinement, applicable plea terms, offense-specific mandatory punishments and the court-martial’s jurisdiction must also be examined.
Each guide below identifies the particular offense. A shared article number does not mean that all offenses under that article have the same elements, maximum punishment or sentencing category.
The punitive articles define offenses that can put your freedom, career and future at risk. The government still has to prove the charged offense. We examine the facts, test the evidence and prepare your defense.
Commands may assess similar conduct differently. That makes it important to identify the specific allegation, the rule that applies and the evidence supporting the action against you.
Take a look at the UCMJ articles below to understand the charges, their elements, possible punishments, typical scenarios, and essential insights, whether you’re under investigation, actively fighting the charges, or contemplating the implications of a conviction. The date of the alleged conduct matters: some linked guides discuss earlier versions of the UCMJ. A historical article number is identified as historical; it should not be mistaken for the current statute.
Sexual Crimes
Drug Crimes
Violent Crimes
Article 91: Insubordinate Conduct Towards Warrant Officer, Noncommissioned Officer, Or Petty Officer 
Financial Crimes
Other Articles
Article 108: Military Property Of The U.S., Sale, Loss, Damage, Destruction, Or Wrongful Disposition
Can I Fight UCMJ Article 120 and Article 134 Sex Offenses?
You can contest Article 120 and Article 134 allegations. Whether to contest a charge at trial, negotiate or pursue another available resolution requires a careful assessment of the evidence and the risks. A SHARP or SAPR report does not establish guilt. The defense should examine these issues:
Whether the allegation is supported: We compare reports and witness accounts with messages, records and other evidence. A repeated allegation is not a substitute for proof.
Whether a witness has a supported motive to give a false account: We investigate actual contradictions, relationships and incentives. We do not assume that an accusation is false merely because someone may benefit from it.
Whether a separate administrative action is pending: A criminal charging decision does not necessarily resolve a separation, flight-status or other adverse administrative action. We examine the notice, evidence and rules for that proceeding.
If you are facing charges under Article 120, Article 134 or another UCMJ provision, get advice about the evidence, deadlines and available defenses. We can put that work behind your response and prepare to fight the charges.
Can I Fight Charges Under The UCMJ If I Know I’m Guilty?
Examine every charge separately. Evidence supporting one allegation does not establish every offense on a charge sheet. We test what the government can prove and evaluate what a proposed agreement would actually require you to admit.
Your best option is to fight like hell until experienced counsel tells you otherwise, even if you are guilty of some charge. At times, the right strategy becomes securing for yourself the best possible outcome.
A compromising situation does not establish every offense the government might allege. We examine the facts and the elements of each charge before advising you about a defense or a proposed resolution.
Do not admit guilt merely because you feel pressured. Get advice about what the government can prove, the risks of trial and the terms of any proposed agreement. Bilecki Law Group prepares that assessment with you and represents service members worldwide.
Court Martial Defense In Any Country For Any Charge
Bilecki Law Group is located in Tampa, Florida, and represents service members worldwide. We take on difficult military cases, examine the evidence and prepare to fight for the strongest result the facts support.
Founder Tim Bilecki spent nearly eight years in the Army JAG Corps, including service as a senior defense counsel. He brings that experience to preparing and trying military cases.
We prepare to test the prosecution’s witnesses through cross-examination, regardless of rank. We conduct our own investigations because your defense should not depend on the government finding every fact that helps you. We hold nothing back. Read the UCMJ articles that we’ve provided for you and assume that prosecutors are gunning to convict you. You must fight back and most importantly, get us into that fight.