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 have been blindsided by accusations that you received or purchased property which had been stolen. Worse, law enforcement claims that you knew at the time that the property was stolen, yet you took, purchased, or concealed that property anyway. If accusations make their way to court, you could be facing charges and a conviction under Article 122a of the UCMJ.
Purchasing or receiving stolen property can happen to anybody. A transaction on Craigslist or OfferUp, or an in-person trade with someone you barely know, could easily lead to the purchase of stolen goods. Worse, even if you had no idea the property was stolen, prosecutors may still be able to convince a judge or a jury that you did, leaving you at risk for incredibly harsh sentencing under Article 122a.
- Purchasing stolen property could destroy your military career, forcing you out of the armed forces with bad conduct or dishonorable discharge.
- You could fall into significant debt. You may be forced to pay for the stolen property as well as pay back sign-up or reenlistment bonuses.
- Prosecutors will almost certainly press for prison time. If successful, you could face being behind bars for up to one year or three years, depending on the property’s value.
You may have purchased stolen property without even realizing it. And it could cost you your military career. Start fighting back with the help of an experienced military defense attorney TODAY.
What Is Article 122a (Stolen Property: Knowingly Receiving, Buying, Concealing) of the UCMJ?
All of the articles of the UCMJ require prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. The following four elements must be proven by prosecutors in court to convict a service member of receiving, buying or concealing stolen property under Article 122a:
- That the accused wrongfully received, bought, or concealed certain property of some value;
- That the property belonged to another person;
- That the property had been stolen by someone other than the accused;
- That the accused then knew that the property had been stolen.
Summary of the Elements of Article 122a (Stolen Property: Knowingly Receiving, Buying, Concealing): To be convicted under UCMJ Article 122a, prosecutors must prove the service member knew about the stolen property, yet took actions to purchase or conceal that property anyway. For current Article 122a, the government does not have to prove the former Article 134 terminal element.
Military Defense Attorney for Article 122a of the UCMJ: Fighting Back Against Charges of Knowingly Receiving, Buying, or Concealing Stolen Property
A battle over whether or not the service member actually knew that the property was stolen may play a key role in both the prosecution’s and the defense’s strategies. The circumstances surrounding how the service member first came to acquire the stolen property, and the actions he or she took to purchase, receive, and/or conceal the said property, may be where the majority of the case is fought. The reality is that even if you had no idea the property was stolen, you may still be convicted under Article 122a. Prosecutors would not have accused you if they did not think they had enough evidence to convict you of the crime. Therefore, it is critical that you secure a worldwide military defense attorney to represent your interests in court. And when it comes to military defense law firms, few can match the experience, resources, and global reach of Bilecki Law Group:
- UCMJ and court-martial experience: Tim Bilecki and Ben Gold fight for America’s service members. They are experienced litigators who prepare your case together, test the government’s strongest arguments and challenge each other’s assumptions. That gives you another experienced set of eyes on the evidence and the strategy before the courtroom fight.
- A talented defense team: A defense attorney alone won’t necessarily cut it against the military’s overwhelming legal resources. That’s why Tim and Ben build your defense together and can select independent investigators and experts for the work your case requires.
- Global reach: From the moment you are accused of a crime, time is not on your side. Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. Tim and Ben begin the defense remotely and both travel for trials and boards.
Have you been accused of knowing, receiving, buying or concealing stolen property? Your military career, your reputation, and your freedom could be on the line. Call us to schedule a confidential consultation with an experienced attorney before it’s too late.
Experienced Military Defense Lawyers for Article 122a Charges
With decades of experience and hundreds of service members successfully represented in court, Bilecki Law Group has proven itself as one of the most established and reputable military law firms America today. If you have been accused of purchasing stolen property, we have what it takes to help you even the odds and secure a positive outcome in court. Review our case history, then contact us to schedule your confidential consultation today.
Bilecki Law Group will help you fight back against charges under Article 122a : Stolen Property: Knowingly Receiving, Buying, Concealing
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 |
|---|---|---|---|
| Knowingly receiving, buying or concealing stolen property valued at $1,000 or less | 1 year | Category 1 | 0–12 |
| The same offense involving property worth more than $1,000 | 3 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.
Facing an Allegation?
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Frequently Asked Questions About Article 122a (Knowingly Receiving, Buying, or Concealing Stolen Property)
What Is the Maximum Possible Punishment for Article 122a (Knowingly Receiving, Buying, or Concealing Stolen Property)?
Under the current Manual, the value of the stolen property determines the applicable confinement ceiling. These offense maxima are distinct from the sentencing-category ranges shown above:
Of a value of $1,000 or less
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 1 year
- Bad-conduct discharge
Of a value greater than $1,000
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 3 years
- Dishonorable Discharge
Does Bilecki Law GroupTravel to Military Installations Around the World?
Yes. Bilecki Law Group is based in Tampa, Florida but has represented clients globally, including in Korea, Okinawa, mainland Japan, Guam, the United States, Germany, and the Middle East. If you are either accused of a crime or believe you may be a suspect in a crime, contact our law firm TODAY to schedule a confidential consultation.