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.
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 dishonorable discharge is authorized and 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.
Is a concealed weapons charge putting your military career and freedom at risk? Let the experienced military defense attorneys at Bilecki Law Group fight for you.
What Is Article 114(d) (Weapon: Concealed, Carrying) of the UCMJ?
To convict you, the prosecution must prove beyond a reasonable doubt that you carried a dangerous weapon concealed on or about your person, that the carrying was unlawful, and that the object was a dangerous weapon. A weapon within your immediate reach can qualify as being on or about your person. Concealment means intentionally covering it or keeping it from sight.
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. The prosecution must prove that your concealed carrying was unlawful. Your authorization, military duties, and the circumstances of the carrying can be critical to that fight. A misunderstanding still puts your military career at risk if the defense does not bring those facts forward.
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 Law Group. So why do so many service members choose Bilecki Law Group?
- We are experienced military defense attorneys: Tim Bilecki and Ben Gold are experienced litigators who build your defense together. They test the government’s strongest arguments and challenge each other’s assumptions while there is still time to find and address weaknesses in the case.
- 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 Law Group.
- We are a law firm with global reach: Bilecki Law Group is based in Tampa, Florida, and represents service members across the Pacific, Asia, the United States and beyond. Tim and Ben both travel for trials and boards. Your defense starts before we get on the plane.
You have fought bravely for your country. Now let us fight for you. Contact Bilecki Law Group TODAY to schedule your confidential consultation.
Experienced Military Defense Lawyers for Article 114(d) Charges
Over the years Bilecki Law Group 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 Law Group to protect them from their alleged offenses. Bilecki Law Group will help you fight back against charges under Article 114(d): Weapon: Concealed, Carrying
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 |
|---|---|---|---|
| Reckless endangerment | 1 year | Category 1 | 0–12 |
| Dueling | 1 year | Category 1 | 0–12 |
| Willfully discharging a firearm under circumstances endangering human life | 1 year | Category 1 | 0–12 |
| Carrying a concealed weapon | 1 year | 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.
Facing an Allegation?
Contact Bilecki Law Group
[elementor-template id="50215"][elementor-template id="50188"][elementor-template id="50077"]
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 dishonorable 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.
[elementor-template id="55425"]