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.
Should a member of the United States armed forces attempt to obtain a service of some kind with the intent to defraud the provider, he or she may be accused and convicted under Article 121b of the UCMJ: False Pretenses, Obtaining Services Under. Defrauding a service provider by using false pretenses is a serious offense which has sentencing in some cases equal to that of larceny and other major theft charges under the UCMJ. A conviction could leave that military service member confined for years, unable to assist his family with bills, and facing the total loss of his military pay, benefits, and career.
- Defrauding a service provider could leave you behind bars for up to five years and put serious strain on your family’s finances.
- You may be forced to pay back your military bonuses as well as the debts you owe to the service provider, leaving you in significant debt.
- Your military career could be over outright with a dishonorable discharge. Your benefits, including your retirement and healthcare, will disappear overnight.
A conviction could leave you in debt and behind bars for years to come. If you believe your case is worth fighting for, then start fighting back with Bilecki Law Group. TODAY!
What Is Article 121b (Obtaining Services Under False Pretenses) of the UCMJ?
All of the articles 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. Convicting a military service member of obtaining services under false pretenses would require prosecutors to prove the following five elements:
- That the accused wrongfully obtained certain services;
- That the obtaining was done by using false pretenses;
- That the accused then knew of the falsity of the pretenses;
- That the obtaining was with intent to defraud;
- That the services were of a certain value.
Summary of the Elements of Article 121b (False Pretenses, Obtaining Services Under): A military service member may be found guilty under Article 121b if he or she used false pretenses to intentionally defraud a company of its services. The government must prove the services’ value and the charged false pretenses, knowledge and intent to defraud. Current Article 121b does not add the former Article 134 terminal element.
Military Defense Attorney for Article 121b of the UCMJ: Fighting Back Against Charges of Obtaining Services under False Pretenses
Prosecutors will immediately set out to brand you as a thief and a common criminal. And their tactics could very well swing a judge or jury against you. Even if you are innocent of any wrongdoing, you may still face an accusation, charges, and even a conviction if you do not have a plan in place and an experienced military defense attorney at your side on your day in court. You have worked too hard to see your military career destroyed overnight by a criminal offense under Article 121b. Getting serious about fighting back is critical if you want to preserve everything you’ve built. And when a decision is made to fight back, you need a law firm with a reputation for doing so consistently over the course of years.
- We have the reputation. Service members who choose Bilecki Law Group want to mitigate the risk of their upcoming court martial. They have reviewed our case history (we have hundreds of real case studies posted) and recognize a pattern for securing positive outcomes for other military service members. It’s that simple.
- We have the experience. Tim Bilecki and Ben Gold are experienced litigators who build your defense together. They put that trial experience to work by testing the government’s strongest arguments and challenging each other’s assumptions before the case reaches the courtroom.
- We have global reach. Speed matters in all court martial cases. And Bilecki Law Group understands this. We are based in Tampa, Florida, and represent service members worldwide. Tim and Ben start your defense remotely and both travel for trials and boards.
Have you been accused of obtaining services under false pretenses? A conviction could bring your military career to a screeching halt. Contact our law firm TODAY for a confidential consultation.
Experienced Military Defense Lawyers for Article 121b Charges
Bilecki Law Group has represents service members across all branches of the U.S. armed forces. Whether you are Air Force, Army, Navy or Marines, Bilecki Law Group has the experience and the knowledge required to secure the best possible outcome in your case. Review a few of the cases that we’re proud of.
Bilecki Law Group will help you fight back against charges under Article 121b : Obtaining Services under False Pretenses
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 |
|---|---|---|---|
| Obtaining services by false pretenses, value $1,000 or less | 1 year | Category 1 | 0–12 |
| Obtaining services by false pretenses, value more than $1,000 | 5 years | Category 2 | 1–36 |
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.
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Frequently Asked Questions About Article 121b : False Pretenses, Obtaining Services Under?
What Is the Maximum Possible Punishment for Article 121b : False Pretenses, Obtaining Services Under?
Under the current Manual, the maximum punishment for obtaining services under false pretenses depends on their value. These are offense ceilings; the sentencing-category ranges above serve a different purpose. For services worth $1,000 or less:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 1 year
- Bad-conduct discharge
For services worth more than $1,000:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 5 years
- Dishonorable discharge
What Is the Difference Between Article 121 (Larceny/Wrongful Appropriation) and Article 121b (Obtaining Services under False Pretenses)?
Unlike Article 121, which covers the theft of money or physical property, Article 121b is specific to services, such as a cable bill or electricity bill. A Soldier, Sailor, Airman or Marine who uses false pretenses to defraud an individual or a company in this manner may be prosecuted under Article 121b of the UCMJ.