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 119a 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. The following four forms of an Article 119a offense each require proof of their stated elements.
- Injuring an unborn child
- That the accused was engaged in the murder, voluntary manslaughter, involuntary manslaughter under Article 119(b)(2), rape, robbery, maiming, or assault of a pregnant woman, or committed qualifying arson involving that woman;
- That the woman was then pregnant; and
- That the accused thereby caused bodily injury to the unborn child of that woman
- Killing an unborn child
- That the accused was engaged in the murder, voluntary manslaughter, involuntary manslaughter under Article 119(b)(2), rape, robbery, maiming, or assault of a pregnant woman, or committed qualifying arson involving that woman;
- That the woman was then pregnant; and
- That the accused thereby caused the death of the unborn child of that woman
- Attempting to kill an unborn child
- That the accused was engaged in the murder, voluntary manslaughter, involuntary manslaughter under Article 119(b)(2), rape, robbery, maiming, or assault of a pregnant woman, or committed qualifying arson involving that woman;
- That the woman was then pregnant; and
- That the accused thereby intended and attempted to kill the unborn child of that woman
4.Intentionally killing an unborn child
- That the accused was engaged in the murder, voluntary manslaughter, involuntary manslaughter under Article 119(b)(2), rape, robbery, maiming, or assault of a pregnant woman, or committed qualifying arson involving that woman;
- That the woman was then pregnant; and
- That the killing was unlawful; and
- That the accused thereby intentionally killed the unborn child of that woman
Summary of the Elements of Article 119a: Four offenses are defined under Article 119a of the UCMJ. All four require prosecutors to prove that the victim was pregnant at the time and that the crime occurred while a service member was performing a separate criminal offense, such as murder, rape or manslaughter. The intent of the service member to do harm to the child, combined with the extent of the injuries to the child (whether the child was injured or killed, for instance) will influence which criminal offense the accused is charged with as well as the nature of his or her sentencing once a final verdict is called.
Any service member of the United States Armed Forces who, in the act of a violent offense against a pregnant woman, injures or kills her unborn child, whether unknowingly or intentionally, may face charges under Article 119a of the UCMJ. A conviction under Article 119a, combined with the offenses that you may already be facing, will be the end of your military career and almost certainly the end to life as you currently know it:
- You will likely face lengthy prison sentences, effectively guaranteeing you may live out a good portion of your life behind bars.
- You will have nothing to offer your family. Your healthcare and pension will no longer be available to them. Paychecks will disappear.
- Additional felony charges may be brought against you. Even if you do avoid a life sentence, your future outside of prison looks just as bleak.
Your case is not hopeless and you have not been convicted of anything yet. If you believe your freedom and your life are worth fighting for, contact Bilecki Law Group TODAY to set up a free consultation into your case.
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 |
|---|---|---|---|
| Injuring or killing an unborn child | Generally the same punishment for the predicate conduct had the harm occurred to the mother; death is not authorized | Dependent on underlying offense | Depends on underlying offense |
| Attempting to kill an unborn child | The attempted-killing punishment specified by Article 119a; death is not authorized | Dependent on underlying offense | Depends on underlying offense |
| Intentionally killing an unborn child | The murder punishment specified by Article 119a; death is not authorized | Dependent on underlying offense | Depends on underlying offense |
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?
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Military Defense Attorney for Article 119a of the UCMJ: Strategies and Tactics
Service members accused under Article 119a are also facing charges from one or more of a half-dozen possible offenses under the UCMJ. The sheer number of criminal offenses you may be facing is enough to overwhelm even the most levelheaded military veteran. The government, meanwhile, may be pressuring you to confess and accept a reduced sentence. Before you accept an agreement, you need to know what the government can prove, what you would give up, and how the proposed sentence compares with the risk at trial. Bilecki Law Group is prepared to fight the charges against you. We’ll begin by performing a full review of the circumstances surrounding your case:
- The government must prove the conduct required by Article 119a, including the qualifying underlying offense and the injury or death it caused. We can attack that foundation directly. If the evidence does not establish the underlying conduct, the Article 119a allegation cannot simply stand on the accusation alone. An acquittal on a separate charge is not a substitute for examining exactly what the government has alleged and must prove under Article 119a.
- Is it a certainty that the child was injured or killed due to your actions in the original offense? Did the mother have complications prior to the perpetration of the original offense? Bilecki Law Group will review the government’s evidence concerning the alleged extent of the injuries and, if we feel it beneficial, may hire our own medical experts to show that there was, in fact, some precedent for the injuries prior to the original offense.
- What have prosecutors claimed were your motives regarding the child? If the government alleges intentional killing or attempted killing, can it prove that intent? For the basic injury-or-death offense, however, the government does not have to prove that you knew the woman was pregnant or intended to injure the unborn child. The government may be throwing charges at you to see what sticks. We will challenge any charge whose required intent the evidence does not establish and press that weakness in court and in negotiations.
No matter how grim the situation looks, there is always an opportunity to win back your freedom. Call Bilecki Law Group TODAY and receive a consultation with your case.
Service members of the United States Armed Forces have been putting their trust in Bilecki Law Group for decades. We strive to secure the best possible outcome for our clients in every case – no exceptions. If you need a military defense attorney with a record for coming out on top in court, look no further. You’ve found us.
Experienced Military Defense Lawyers for Article 119a Charges
Bilecki Law Group will help you fight back against charges under Article 119a: Death or Injury of an Unborn Child
Frequently Asked Questions About Article 119a
What Is the Maximum Possible Punishment for Article 119a: Death or Injury of an Unborn Child?
Article 119a does not authorize the death penalty. For the basic injury-or-death offense, punishment is generally consistent with the punishment that would apply if the injury or death had occurred to the mother. Intentional killing or attempted killing follows the separate punishment provisions identified in Article 119a, including Articles 80, 118 and 119(a), subject to Article 119a’s prohibition on a death sentence. The charged form of the offense matters.
Does Article 119a Have a Relation to Abortion in Any Form?
Article 119a expressly excludes prosecution for an abortion to which the pregnant woman, or a person legally authorized to act for her, consented, or for which consent is implied by law. It also excludes medical treatment of the pregnant woman or unborn child and prosecution of the woman with respect to her own unborn child. Those are specific statutory exclusions; describing the article as having no relation to abortion obscures what the law actually says.