UCMJ Article 114(d): Weapon: Concealed, Carrying
You or a loved one has been accused of carrying a deadly weapon concealed on or near your person without proper authorization. If those accusations make their way to court, you could be facing a conviction and sentencing under Article 114(d)of the UCMJ.
What you may have assumed that what was both legal and within your rights may actually be what destroys your military career and puts you behind bars. A concealed carry offense is deadly serious and may leave a service member facing the following worst case scenario, which includes:
- A bad-conduct discharge could destroy your military career outright and put your VA benefits in serious jeopardy.
- Not only could you lose your pay and allowances, but you may be forced to pay back thousands of dollars in sign-up or reenlistment bonuses.
- Under the worst case scenario, you could spend up to a year in prison, with no way to provide for or even see your family.
Has a concealed weapons charge put your military career and freedom at risk? Let the experienced military defense attorneys at Bilecki & Tipon LLLC fight for you.
What Is Article 114(d) (Weapon: Concealed, Carrying) 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 convicted of carrying a concealed weapon, the following four elements must be proven before a military judge:
- (1) That the accused carried a certain weapon concealed on or about the accused’s person;
- (2) That the carrying was unlawful;
- (3) That the weapon was a dangerous weapon; and
- (4) 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 114(d) (Weapon: Concealed, Carrying): An unauthorized deadly weapon which is hidden on a service member’s person or within his or her reach may be considered grounds for a conviction under Article 114(d) of the UCMJ.
Military Defense Attorney for Article 114(d of the UCMJ: Fighting Back Against Charges of Carrying a Concealed Weapon
As an enlisted service member, you are trained in the use of deadly weapons and it may be second nature to have a weapon on your person. So accusations of carrying a concealed weapon may have come as a complete shock to you. The truth is, within a certain context and with the right authority, you may absolutely carry a concealed weapon. But unless you can prove that you were in the right, you could be branded a common criminal and even lose your military career over a misunderstanding.
The outcome of a court-martial is rarely about evidence and truth, and more about advocacy. You may have had the authority to carry a concealed weapon and still be convicted. This is why it is so important to hire an experienced court-martial defense attorney to advocate for you in court.
And when it comes to law firms with experience, trust, and global reach, few can match Bilecki & Tipon LLLC.
So why do so many service members choose Bilecki & Tipon LLLC?
- We are experienced military defense attorneys: Managing partners Timothy J. Bilecki and Noel Tipon have been serving the military community for decades. Together they have helped hundreds of service members secure positive outcomes for their court-martial cases.
- We are a trusted name in the legal world: When your military career and freedoms are on the line, trust in your attorney is more important than anything. And with hundreds of successful court outcomes, it is no wonder why service members continue to put their trust in Bilecki & Tipon LLLC.
- We are a law firm with global reach: Bilecki & Tipon is based out of Hawaii, giving us fast access to military installations across the Pacific, Asia, the United States, and beyond.
You have fought bravely for your country. Now let us fight for you. Contact Bilecki & Tipon TODAY to schedule your confidential consultation.
Experienced Military Defense Lawyers for Article 114(d) Charges
Over the years Bilecki & Tipon LLLC has maintained an exemplary reputation as tenacious advocates for our military clients. In tough cases where all other defense lawyers would have capitulated to the demands of the prosecution, we dig in and fight harder.
With hundreds of successful outcomes in court, it is no wonder why so many military personnel trust Bilecki & Tipon LLLC to protect them from their alleged offenses.
Bilecki & Tipon will help you fight back against charges under Article 114(d): Weapon: Concealed, Carrying
Frequently Asked Questions About Article 114(d) (Weapon: Concealed, Carrying)
What Is the Maximum Possible Punishment for Article 114(d) (Weapon: Concealed, Carrying)?
A service member who is convicted of carrying a concealed weapon under Article 114(d) of the UCMJ will face a maximum sentence of:
- Reduction to E-1
- Forfeiture of all pay and allowances
- A bad-conduct discharge
- Confinement for up to 1 year
The Weapon Was Not On My Body at the Time It Was Discovered. Can I Still Be Convicted?
Unfortunately, yes. The Manual for Court Martial makes it clear that the weapon may be on or about the Soldier. As long as the weapon is within immediate reach (say, attached to a holster under a table), then you may be convicted.