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 or someone you love has been accused of entering into the real property of another person without their consent or knowledge. Should you be formally court-martialed, you could face charges and a conviction under Article 129(b) of the UCMJ: Unlawful Entry. Unlike burglary under current Article 129(a), unlawful entry under Article 129(b) does not require a breaking or an intent to commit another offense inside. However, it can still have a terrible impact on the service member’s future if he or she is convicted. The loss of your military career, your pay, and your freedom are all still very much on the line.
- You may be stripped of your military rank and titles and removed from the armed forces with a bad-conduct discharge.
- You may in the process lose not only your pay but your military benefits as well. You may be forced to pay back reenlistment bonuses.
- A conviction could leave you behind bars for months, possibly longer if other offenses are being considered.
Protect your military career and your reputation from charges of unlawful entry. Contact Bilecki Law Group and start fighting back TODAY
What Is Article 129(b) (Unlawful Entry) of the UCMJ?
Every article of 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. A service member who is accused of making an unlawful entry could face a conviction under Article 129(b) if the following two elements are proven in court:
- That the accused entered the real property of another or certain personal property of another which amounts to a structure usually used for habitation or storage;
- That such entry was unlawful.
Summary of the Elements of Article 129(b) (Unlawful Entry): The government must prove that the service member entered the real property of another, or certain personal property amounting to a structure ordinarily used for habitation or storage, and that the entry was unlawful. Consent, lawful authority and an honest and reasonable mistake can matter; mere entry onto someone else’s property does not establish every element.
Military Defense Attorney for Article 129(b) of the UCMJ: Strategies and Tactics
A Soldier, Sailor, Airman or Marine may be wrongfully accused of making an unlawful entry for any number of reasons. Entering the wrong home by mistake is one possibility. A medical emergency may be another. You may have never even set foot someone else’s private property at all. Unfortunately, unless you can make your story clear before a judge or a jury, you may still be convicted and sentenced, regardless of your motives or even whether you committed a crime at all.
You stand to lose a great deal if you are convicted under Article 129(b) for making an unlawful entry. Your military career, your financial stability, and even your freedom are all on the line. That’s why so many service members make the decision to hire an experienced military defense attorney to represent their interests in court. And when it comes to experienced law firms, few come close to matching Bilecki Law Group.
So why do so many service members choose Bilecki Law Group?
- Our attorneys understand the military’s justice system: Tim Bilecki and Ben Gold are experienced litigators who help America’s service members fight back against UCMJ charges. They build your defense together. Tim leads the courtroom fight; Ben works through the discovery, interviews and prepares witnesses, and puts the research, motions and written arguments behind the strategy.
- Our support team is second to none: Tim and Ben can choose independent investigators and experts for the work the case requires, allowing us to direct the right skills and firepower toward securing victory for our clients in court.
- We can reach you regardless of your current location: Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. Tim and Ben both travel for trials and boards. We start the defense remotely and plan travel around what your case requires.
Experienced Military Defense Lawyers for Article 129(b) Charges
For years Bilecki Law Group has been helping military personnel like you secure the best possible outcome in their courts-martial. If you have been accused of making an unlawful entry and you are serious about fighting your charges and saving your military career, then Bilecki Law Group is your best shot at securing a positive outcome in court.
Learn more about our case history, and then contact us for a confidential consultation today!
Bilecki Law Group will help you fight back against charges under Article 129(b): Unlawful Entry
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 |
|---|---|---|---|
| Unlawful entry | 6 months | Category 1 | 0–6 |
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
Frequently Asked Questions About Article 129(b): Unlawful Entry
What Is the Maximum Possible Punishment for Article 129(b) (Unlawful Entry)?
A conviction under Article 129(b) pertaining to making an unlawful entry could lead to the following maximum charges:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 6 months
- Bad-conduct discharge
Does Bilecki Law GroupTravel to Military Installations Around the World?
Yes. We have assisted hundreds of service members stationed as far away as Europe, the Middle East, Asia and elsewhere. Do not hesitate to contact our team if you are currently stationed abroad and require immediate legal representation.