At Bilecki Law Group, We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
When a member of the United States armed forces takes an oath or makes a statement swearing to the truth of a certain matter, and that oath or statement is known by that service member to be untrue at the time, he or she could be accused and convicted under Article 107(b) of the UCMJ: False Swearing.
False Swearing is not as severe as perjury or making a false official statement. However, it can just as easily destroy a service member’s military career and leave them bereft of their military benefits, pay, and even put them behind bars if they are not careful.
- You will face a dishonorable discharge along with the complete loss of your military benefits, including your healthcare and retirement.
- A conviction could land you behind bars, up to a max sentence of three years.
- Your pay and allowances will be forfeited, leaving you and your family in debt, possibly for years.
A conviction of false swearing could destroy your military career forever. Do not take the risk. Contact Bilecki Law Group to start fighting back TODAY.
What Is Article 107(b) (False Swearing) of the UCMJ?
All of the punitive UCMJ articles require prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. To convict a U.S. service member of false swearing, prosecutors must prove the following 6 elements:
- That the accused took an oath or equivalent;
- That the oath or equivalent was administered to the accused in a matter in which such oath or equivalent was required or authorized by law;
- That the oath or equivalent was administered by a person having authority to do so;
- That upon this oath or equivalent the accused made or subscribed a certain statement;
- That the statement was false;
- That the accused did not then believe the statement to be true.
Summary of the Elements of Article 107(b) (False Swearing)
To be convicted of false swearing, prosecutors must first prove that the oath was legally binding (authorized by law and by an individual authorized to do so).
Second, prosecutors must prove that the service member made or subscribed a false statement under that oath and did not then believe the statement to be true. For conduct on or after 1 January 2019, false swearing falls under Article 107(b); the former Article 134 terminal element does not apply.
Military Defense Attorney for Article 107(b) of the UCMJ
A charge of false swearing can place any service member in a battle that they cannot hope to win on their own. The sentencing can be severe, outright destroying your military career and even leave you behind bars. This is not the time for wishful thinking. This is the time to seek allies and make preparations. And few allies are more willing to fight for its military clients than Bilecki Law Group.
When it comes to experience, resources, and global reach, few military defense law firms are as capable and reputable as Bilecki Law Group. If you are facing a false swearing charge and are concerned about the outcome of your trial, mitigate your risks and hire experienced military lawyers with a solid reputation behind them.
Let’s take a look at all of these benefits in more detail:
- UCMJ and court-martial experience: Tim Bilecki and Ben Gold are experienced litigators who build your defense together. Both have attained mastery over the UCMJ and the courtroom. They test the government’s strongest arguments and challenge each other’s assumptions before taking that strategy into the courtroom.
- Knowledgeable support team: Tim and Ben can select independent investigators, consultants and forensic specialists for the work your case requires. We could not consistently provide exceptional results for our clients without the men and women working behind the scenes.
- Global reach: Securing positive outcomes for our clients means getting to work while there is still time to shape the case. Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. Tim and Ben begin the defense remotely and both travel for trials and boards.
Have you been accused of false swearing? Time is running out to secure a positive result in court. Contact Bilecki Law GroupTODAY for a confidential consultation.
Experienced Military Defense Lawyers for Article 107(b) Charges
Having someone you trust at your side on your day in court could mean the difference between a maximum sentence and total exoneration. When you are ready to make a final decision with regards to a military defense attorney, trust experience, and go with the most reputable law firm you can find.
See also: Article 107a: Parole, Violation Of
Bilecki Law Group has been helping service members fight back against court-martial charges since its founding days. Review our case results to learn more about how we operate, and how we secure positive results for our clients time and time again. Bilecki Law Group will help you fight back against charges under Article 107(b): False Swearing
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 sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The ranges below are stated in months and are limited where the offense has a lower confinement maximum. A special court-martial can impose no more than its own authorized limit, even when an offense or category allows more. The maximum is not a prediction of the sentence in your case.
| Offense | Maximum confinement | Category or criteria | Confinement range in months |
|---|---|---|---|
| False official statement under Article 107(a) | 5 years | Category 2 | 1–36 |
| False swearing under Article 107(b) | 3 years | Category 1 | 0–12 |
Reduction to E-1 applies to enlisted personnel. Dismissal, rather than a dishonorable or bad-conduct discharge, is the authorized punitive separation for commissioned officers, including commissioned warrant officers, and cadets and midshipmen. The authorized punishment also depends on the offense date and court-martial forum.
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Frequently Asked Questions About Article 107(b): False Swearing
What Is the Maximum Possible Punishment for Article 107(b) (False Swearing)?
A service member who is convicted of making a false statement or oath under Article 107(b) of the UCMJ will face a maximum sentence of:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 3 years
- A dishonorable discharge
Is False Swearing Similar to Perjury or Making a False Statement?
Not exactly. Perjury under Article 131 concerns a material false statement in a judicial proceeding or course of justice. It can involve false testimony under a lawful oath or a false statement subscribed under penalty of perjury pursuant to 28 U.S.C. § 1746. False swearing under Article 107(b) does not require that judicial context or materiality.
Article 107 (Making a False Official Statement) is also similar to False Swearing, only it requires an official statement to be intentionally deceptive, whereas an Article 107(b) offense does not require deceptive intent or a statement made in an official capacity.