UCMJ Article 106: Impersonating a Commissioned, Warrant, NonCommissioned, or Petty Officer or an Agent or Official
Military law enforcement or your commanding officer has accused you of impersonating an officer, government agent, or official. They claim they have the evidence and the witnesses required to prove you sought to defraud the government or some other organization through the deception. Now, you are facing charges under Article 106 of the UCMJ, and you do not know who to turn to for help, or how to fight back.
If you are convicted of impersonating an officer, you could be facing a court-martial, a dishonorable discharge, fines and even prison time. Even if the impersonation was meant as a prank, you may still be found guilty of this crime under the UCMJ.
- A dishonorable discharge will destroy your military career outright and deprive you of tens of not hundreds of thousands of dollars in military benefits over your lifetime.
- You will lose your military pay and allowances and possibly have to pay back the bonuses you received upon reenlistment.
- This offense comes with a maximum prison sentence of three years, which could impact your personal life and set you years behind your peers in your career and family life.
An Article 106 conviction could destroy your military career and leave you behind bars for years. Do not take the risk. Contact Bilecki & Tipon LLLC TODAY to start fighting back.
What Is Article 106 (Impersonating an Officer or Official) 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. To be found guilty of impersonating a commissioned, warrant, noncommissioned, or petty officer or agent official, the following three elements must be proven:
- (1) That the accused impersonated a commissioned, warrant, noncommissioned, or petty officer, or an agent of superior authority of one of the armed forces of the United States, or an official of a certain government, in a certain manner;
- (2) That the impersonation was wrongful and willful; and
- (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Summary of the Elements of Article 106 (Impersonating an Officer or Official): Prosecutors will attempt to prove that the service member intentionally sought to impersonate an officer, government official, or person of authority. They may also seek maximum charges by alleging that the soldier sought to derive some benefit from the impersonation, thereby adding an element of fraud to the case.
Military Defense Attorney for Article 106 of the UCMJ: Fighting Back Against Charges of Impersonating an Officer or Official
Prosecutors will attempt to make this a clear-cut case of fraud. They will paint you as a criminal who sought to benefit in some fashion from the impersonation. And if their narrative gains traction through supporting witness testimony and evidence, you could without question see a maximum sentence, even if you had no intention of defrauding anyone, or was just doing so as a prank on another service member.
Some service members are simply not willing to risk a maximum sentence on an inexperienced attorney. Which is why so many service members choose Bilecki & Tipon LLLC to represent their interests in court. Our understanding of the military’s justice system, combined with our exceptional in-house team and our strategic location, makes us one of the most sought-after military law firms in the country.
Let’s take a look at all of these benefits in more detail:
- Understanding of the military’s justice system: Lead attorneys Timothy Bilecki and Noel Tipon are veteran officers of the JAG Corp who have taken their experience and knowledge of the UCMJ into the private sector, where they can provide the most help to their service member clients.
- Exceptional in-house team: You cannot secure positive outcomes consistently in court without a capable team working in the background to locate witnesses, investigate crime scenes, and prepare a court strategy. Bilecki & Tipon LLLC is one of the few military defense firms with an in-house team large enough to fight back against the military’s prosecutors.
- Global reach and fast response times: We are based out of Honolulu, Hawaii, in close proximity to hundreds of military installations around the world. If you require immediate assistance, you can rely on Bilecki & Tipon LLLC to reach you as quickly as possible.
Bilecki & Tipon has served members of the armed forces since its founding days. Let one of the most experienced law firms in the country represent you on your day in court.
Experienced Military Defense Lawyers for Article 106 Charges
Before you hire an attorney with a limited case history, meager resources, and inadequate support, you must look at everything you stand to lose and decide: can I live with the worst case scenario? If you cannot, then do not take the risk. The cost of an experienced attorney is nothing compared to years of prison time and the loss of your military career.
For years Bilecki & Tipon has assisted American service members in their fight against the military’s conviction machine. Feel free to review our case history, and then call us for a confidential consultation.
Bilecki & Tipon will help you fight back against charges under Article 106: Impersonating an Officer or Official
Frequently Asked Questions About Article 106 (Impersonating an Officer or Official)
What Is the Maximum Possible Punishment for Article 106 (Impersonating an Officer or Official)?
A Soldier, Sailor, Airman or Marine who is convicted of impersonating an officer or official under Article 106 of the UCMJ will face a maximum sentence of:
With intent to defraud:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for up to 3 years
- Dishonorable discharge
All other cases:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for up to 6 months
- Bad-conduct discharge
I’m Facing Charges Outside of the U.S. Can You Come to Me?
Yes. We travel to our clients all the time, regardless of their current location. If you have been accused of impersonating an officer or agent of the government, then contact us immediately to begin preparations for your case.