UCMJ Article 104: Aiding the Enemy

A service member of the United States armed forces who supplies aid to an enemy of the state in the form of arms, ammunition, supplies, money or intelligence; or any service member who knowingly protects or communicates with the enemy against the orders of his or her command, may be charged under Article 104 of the Uniform Code of Military Justice.

Article 104 is considered an act of treason by the United States government. And like all acts of treason, the penalties are severe:

  • Article 104 pertains to a number of criminal offenses related to aiding an enemy of the state. All of them carry a maximum sentence of death if referred capital.
  • Should you be spared the death penalty, you could face decades in prison with no hope of parole.
  • The military will wash its hands clean of you. Your pension and benefits will disappear. Your pay will be taken from you if you are convicted.

You have one chance at an acquittal. Do not risk the fate of your trial on an inexperienced military defense attorney. Contact Bilecki & Tipon TODAY for a free consultation into your case.

What Is Article 104 of the UCMJ?

Every article of the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. Article 104 considers five specific offenses, each with its own set of elements:

(1) Aiding the enemy

(a) That the accused aided the enemy; and

(b) That the accused did so with certain arms, ammunition, supplies, money or other things.

(2) Attempting to aid the enemy

(a) That the accused did a certain overt act;

(b) That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money or other things;

(c) That the act amounted to more than mere preparation; and

(d) That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money or other things.

(3) Harboring or protecting the enemy

(a) That the accused, without proper authority, harbored or protected a person;

(b) That the person so harbored or protected was the enemy; and

(c) That the accused knew that the person so harbored or protected was the enemy

(4) Giving intelligence to the enemy

(a) That the accused, without proper authority, knowingly gave intelligence to the enemy; and

(b) That the intelligence information was true, or implied the truth, at least in part

(5) Communicating with the enemy

(a) That the accused, without property authority, communicated, corresponded, or held intercourse with the enemy; and

(b) That the accused knew that the accused was communicating, corresponding, or holding intercourse with the enemy

Summary of the Elements of Article 104: Aid to an enemy of the state comes in different forms, but the elements that the government must prove to convict a service member are fairly consistent across all five unique Article 104 offenses. The nature of the aid provided, the authority to provide that aid under certain circumstances, and the knowledge that the individual that is being aided is, in fact, an enemy of the state are all important factors in determining whether a service member is convicted or not for aiding the enemy.

Military Defense Attorney for Article 104 of the UCMJ: Strategies and Tactics

The government has had time to perfect their case against you. You may not be afforded the same luxury. But that won’t stop Bilecki & Tipon from performing our own rapid-response investigation into your case and creating a strategy that completely throws off kilter the prosecution’s neat and tidy narrative.

We’ll start by considering a few questions:

  • Do you have a relationship or ties to the enemy? What motive would you have for assisting the enemy in the first place? Unless prosecutors have some evidence pointing to why you would aid a known enemy against your home country, they will have a tough time battling our attorneys in court.
  • What did you know about the individual or individuals prior to giving them aid? How were these individuals introduced to you? Actual knowledge is required for prosecutors to convict you under Article 104.
  • Were you given the green light by a commanding officer to offer aid or intelligence to an enemy? Was the aid or intelligence delivered with the purpose of eventually causing harm to the enemy? We’ll review the nature of the aid and its true intent and purpose.

Your case is not hopeless. You are not a victim of the government’s prosecutors. You are a service member of the United States armed forces. And it is time you fight back.

Experienced Military Defense Lawyers for Article 104 Charges

Bilecki & Tipon has successfully defended service members from serious charges. Our case history is unequaled and our tenacity in the courtroom is legendary.

Bilecki & Tipon will help you fight back against charges under Article 104: Aiding the Enemy

FAQ'S About UCMJ Article 104

Can a Civilian Be Tried Under Article 104 of the UCMJ?

Yes. Unlike many of the articles of the UCMJ Article 104 provides broad leeway for civilians of the United States to be tried in a court-martial or military commission.

What Is the Maximum Possible Punishment for Article 104: Aiding the Enemy?

Aiding the enemy is considered an act of treason. Any service member who is found guilty of any of the offenses under Article 104 will face the death penalty for their actions against the state if their case is referred capital.

The maximum sentence may be mitigated by certain factors, including the extent of the aid and whether or not an attempt at providing aid succeeded or not. Under these circumstances, a service member may face jail time and a dishonorable discharge, among other forms of punishment.

What Our Clients Are Saying About Us

  • Bilecki & Tipon, LLLC His knowledge and experience were evident during the Article 32 where he seemed to sort of take control of the court room.
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