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 118 Of The UCMJ?
Every article within the Uniform Code of Military Justice requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. Charges of murder are broken down into four separate offenses under Article 118, each with its own set of elements which must be proven.
- Premeditated Murder
- That a certain named or described person is dead;
- That the death resulted from the act or omission of the accused;
- That the killing was unlawful; and
- That, at the time of the killing, the accused had a premeditated design to kill
- Intent to kill or inflict great bodily harm
- That a certain named or described person is dead;
- That the death resulted from the act or omission of the accused
- That the killing was unlawful; and
- That, at the time of the killing, the accused had the intent to kill or inflict great bodily harm upon a person
- Act inherently dangerous to another
- That a certain named or described person is dead;
- That the death resulted from the intentional act of the accused;
- That this act was inherently dangerous to another and showed a wanton disregard for human life;
- That the accused knew that death or great bodily harm was a probable consequence of the act; and
- That the killing was unlawful
- During certain offenses
- That a certain named or described person is dead;
- That the death resulted from the act or omission of the accused;
- That the killing was unlawful; and
- That, at the time of the killing, the accused was engaged in perpetrating or attempting burglary, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery, or aggravated arson.
Summary of the Elements of Article 118: All murder offenses under Article 118 require prosecutors to prove that a particular service member unlawfully killed another individual. The distinction between offenses is related to the intent of the service member at the time the murder occurred.
Premeditated murder exposes you to the most severe punishments in the military justice system. A death sentence requires a capital prosecution and satisfaction of the separate capital sentencing requirements. Article 118 otherwise prescribes life imprisonment for premeditated murder and specified felony murder, subject to its express plea-agreement exception. This is why the exact charge and the available sentencing terms must be examined before anyone tells you what the sentence must be.
Other forms of murder, such as performing an action that is inherently dangerous to others around you, or desiring to inflict great bodily harm yet killing the person anyway, may incur reduced charges.
A service member of the United States Armed Forces who without justification or lawful authority kills another human being is subject to criminal charges under Article 118 of the UCMJ. If you or someone you love has been accused of murder, immediately acting to defend yourself could mean the difference between a life in prison and being acquitted of all charges against you. This is not the time to hire an inexperienced defense attorney. The actions you take now will determine whether you spend the rest of your life behind bars or walk away a free man or woman.
- An aggressive military defense attorney can form a defense team, including multiple attorneys, a defense investigator, and the proper forensic expert. A murder trial is incredibly complex and requires not just one attorney, but an experienced defense team.
- You need an attorney who can test the murder allegation and explain the real choice between trial and an agreement. A shorter proposed sentence is only part of that decision; you also need to know what the government can prove and which defenses the agreement would give up.
- Even if the crime was committed, you may not have desired the death of that person. But without proper representation, your side of the story may never be told.
You have nothing to lose and everything to gain by hiring the right attorneys to defend your interests in court. Do not delay a moment longer. Call TODAY to receive a free consultation from the law offices of Bilecki Law Group.
Sentencing Guidelines
The confinement ranges below are sentencing parameters, not the maximum punishment for every offense in the category. They apply in noncapital general and special courts-martial when all offenses of conviction were committed on or after 28 December 2023. The lawful maximum for the particular offense and the limits of the court-martial still control. A military judge may depart from a parameter when specific facts justify doing so, and the record must contain a written statement explaining the factual basis. A Category 6 description of life with eligibility for parole does not guarantee parole or eliminate the separate law governing death, life without eligibility for parole, mandatory life, or an authorized plea agreement.
| Offense | Maximum confinement | Category or criteria | Confinement range in months |
|---|---|---|---|
| Premeditated or felony murder under Article 118(1) or (4) | Death or life imprisonment, subject to the governing capital, mandatory-minimum and plea-agreement rules | Category 6 | Life with eligibility for parole |
| Murder under Article 118(2) or (3) | Life without eligibility for parole | Category 5 | 240–480 |
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
Military Defense Attorney for Article 118 of the UCMJ: Strategies and Tactics
The most important advice we can offer a service member accused of murder is to not panic, do not talk to law enforcement, and contact Bilecki Law Group immediately. The sooner you protect yourself, the stronger the defense case can become prior to your trial. No matter how hopeless the situation feels, there are many, many ways an experienced defense team can overcome the testimony and evidence that prosecutors claim will sink you. For instance:
- Not all defense attorneys are helpless against the onslaught of prosecutorial DNA evidence and expert witness testimony. Bilecki Law Group, for instance, have resources at our disposal to review blood work, investigate evidence connected to the crime scene, and hire our own expert witnesses to take the stand for us. We will form a true defense team to represent you.
- Your motives matter a great deal, and prosecutors may find those motives much harder to pin down with a strong defense attorney by your side. Bilecki Law Group will aggressively fight back against the prosecution’s case and take the steps required to win your case.
- In a race to convict you, law enforcement or the prosecution may have cut corners during their investigation into your case. A single misstep by law enforcement could stop its most important piece of evidence from ever making it into court. That, in turn, could be all it takes to obtain a Not Guilty verdict in court.
No matter how helpless you feel or how hopeless the situation appears, Bilecki Law Group can help. Call us immediately to set up a time to discuss your murder case.
Experienced Military Defense Lawyers for Article 118 Charges
We as defense attorneys for service members have defended service members against murder charges in the past. Now, let us help you.
Bilecki Law Group will help you fight back against charges under Article 118: Murder
Frequently Asked Questions About Article 118
What Is the Maximum Possible Punishment for Article 118: Murder?
The maximum possible punishment in your case will depend upon which criminal offense the government accuses you of. Certain charges of murder are graver than others. For example:
Premeditated murder under Article 118(1), and murder during one of the listed offenses under Article 118(4), are punishable by death or life imprisonment, subject to Article 118’s express provision for a sentence under an Article 53a plea agreement. Death requires the separate capital procedures and findings. Other forms of murder under Article 118 are not punishable by death. A life sentence may raise separate questions about eligibility for parole; eligibility never promises release. The charge, offense date, referral, and any authorized agreement must be considered together.
What Is the Difference Between Murder and Manslaughter?
Premeditation is one form of murder, but Article 118 also covers other forms, including an unlawful killing with intent to kill or inflict great bodily harm, certain inherently dangerous conduct, and a killing during specified felonies. Manslaughter has different requirements. The distinction turns on the conduct, intent, and surrounding circumstances, not simply whether a death was planned.
More Related Articles
-
-
-
-