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500+ Successful Court Cases & Counting: See Reviews ➔

UCMJ Article 115: Communicating Threats

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.

What is Article 115 Of The UCMJ?

Should a service member in the United States armed forces disrespect an on-duty sentinel or lookout, or be caught loitering or sitting down while on duty in such a capacity, he or she may be accused and convicted under Article 95a of the UCMJ, which governs all minor offenses against or by military sentinels and lookouts. The duty of a sentinel or lookout is imperative to the security of a mission, base of operations, or of military supplies and personnel. It is therefore considered a significant offense under military law, and incurs harsh sentencing, even for its less serious offenses:

  • Expect prosecutors to request a bad-conduct or even a dishonorable discharge if the offense occurs during wartime.
  • Your military benefits—including your retirement and healthcare—are on the line. Losing these could mean the loss of hundreds of thousands of dollars over your lifetime.
  • Even if you are not immediately discharged from the military, you stand to have a significant amount deducted out of your salary for months and become a prime candidate for an administrative separation.

Do not let a single misunderstanding or mistake destroy what you’ve worked so hard to earn. Fight back TODAY with the help of Bilecki Law Group.

What The Military Needs To Convict You

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 communicating a threat under Article 115 of the UCMJ, the following three elements must be proven:

  1. That the accused communicated certain language expressing a present determination or intent to wrongfully injure the person, property, or reputation of another person, presently or in the future;
  2. That the communication was made known to that person or to a third person;
  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 115 (Threat, Communicating): To be convicted of communicating a threat to another individual, the accused must have transmitted the communication for the purpose of issuing a threat, with the knowledge that the communication would be viewed as a serious threat.

Fighting Back Against Charges of Communicating a Threat

When a Soldier, Sailor, Airman or Marine is accused of communicating threats to another individual, the court must make a determination of guilt based on how the communication was stated, and what the circumstances were behind the perceived threats. Expect prosecutors to twist your words in whatever way necessary to secure their conviction. And with the odds against you 9 to 1, you may be facing an uphill struggle to prove your innocence.

One thing you can do to even your odds in court is to retain an experienced military defense attorney to help you secure the best possible outcome in court. And when it comes to reputable law firms with UCMJ experience, plenty of firepowers, and global reach, few can match Bilecki Law Group. Let’s take a look at all of these benefits in more detail:

  • Experience in the JAG Corp: You are facing accusations in a military court. It takes an attorney with experience in such courts to secure a favorable outcome. Tim Bilecki and Bilecki Law Group are veteran former JAG Corp officers who have been fighting for service members for decades. They have over 30 years of trial experience.
  • Talented legal team: It will take some serious firepower to go up against the military’s army of legal experts. Bilecki Law Group employs a talented in-house investigators and support staff, allowing us to direct far more firepower than what an individual defense attorney can do alone.
  • Global reach: Bilecki Law Group is based out of Honolulu, Hawaii, in close proximity to military installations across the Pacific, the Americas, Asia, and beyond. We are truly global law firm and can begin preparation for your defense immediately.

Your military career may never recover from a conviction under Article 115. Contact Bilecki Law Group TODAY to set up a confidential consultation.

Experienced Military Defense Lawyers for Article 115 Charges

With your military career, your salary, and even your freedom on the line, it pays to have an experienced military defense law firm on your side that understands the military’s justice system and has a reputation for securing positive outcomes for its clients.   Feel free to review our case history, then schedule your confidential consultation with one of our experienced military defense attorneys today. Bilecki Law Group will help you fight back against charges under Article 115: Threat, Communicating

What Is the Maximum Possible Punishment?

An accused service member who is convicted of communicating threats faces charges under Article 115, which could include a maximum punishment of:

  1. Threats and false threats generally. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
  2. Threats and false threats concerning use of explosives, etc. Dishonorable discharge, forfeitures of all pay and allowances, and confinement for 10 years.

Sentencing Guidelines

Offenses Under
This Article

Offense Category

Months Confinement

Communicating threats (Threats and false threats generally)

Category 2

1-36

Communicating threats (Threats and false threats concerning use of explosives, etc

Category 3

30-120

Facing an Allegation?
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Timothy James Bilecki

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