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.
When a service member in the United States military takes certain actions which obstruct, delay or impede an ongoing criminal investigation or an upcoming trial, it puts them at risk of being charged with the obstruction of justice under Article 131b of the UCMJ. Obstructing justice is a serious offense which carries a significant maximum sentence under Article 131b. Many service members will act to protect a friend, only to face criminal accusations of their own which could impact their military career, their financial stability, and even their freedom.
- You may be dishonorably discharged from the military if you are convicted, losing not only your rank and title but your healthcare and retirement benefits as well.
- You may be forced to pay back thousands of dollars in reenlistment bonuses, putting a significant financial strain on you and your family.
- Your freedom is on the line. A maximum sentence of obstructing justice carries with it a prison sentence of up to five years.
A conviction of obstructing justice could imperil your military career or even land you behind bars. Fighting back with an experienced attorney is your only option.
What Is Article 131b (Obstructing Justice) 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. Charges of obstructing justice require prosecutors to prove the following three elements:
- That the accused wrongfully did a certain act;
- That the accused did so in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending;
- That the act was done with the intent to influence, impede, or otherwise obstruct the due administration of justice.
Summary of the Elements of Article 131b (Obstructing Justice): The government must prove a wrongful act intended to influence, impede or obstruct the due administration of justice in the case of a person whom the accused had reason to believe faced existing or future criminal or disciplinary proceedings. The conduct can occur before charges are preferred, and the government need not prove that the obstruction actually succeeded.
Experienced Military Defense Lawyers for Article 131b Charges
Whether you suspect you are about to be charged with obstructing justice or have already gone through the preferral process, it is critical that you understand exactly what you’re up against, and what it will take to fight back against these accusations. The military’s conviction rate for UCMJ charges is extremely high. Those are the odds that all service members, guilty or innocent, must face during their court-martial. Evening those odds has nothing to do with which side the truth is on. Rather, the experience of your attorney, the resources they have at their disposal, and the speed at which they can begin preparing your case, is all that stands between you, and the worst case scenario. Before the prosecution has even a minute more to plan their strategy against you, start making preparations of your own by hiring a law firm with experience, resources, and global reach.
Why should you hire Bilecki Law Group?
- We have the experience: Tim Bilecki and Ben Gold are experienced litigators who defend active duty and reserve service members. They prepare your case together, test the government’s strongest arguments and challenge each other’s assumptions before the courtroom fight.
- We have the resources: Your case may require an extensive defense investigation and countless hours of planning and preparation. Tim and Ben build the defense together and can select independent investigators and experts for the work your case requires. We assemble that team to fight back against the government’s overwhelming manpower and financial might.
- We have global reach: A law firm must act fast if it is to properly defend its clients. Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. Tim and Ben start the work remotely and both travel for trials and boards.
Are you facing charges of obstructing justice? The risks are too great not to hire an experienced attorney. Contact Bilecki Law Group TODAY to learn how you can start fighting back.
Bilecki Law Group will help you fight back against charges under Article 131b: Obstructing Justice
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 |
|---|---|---|---|
| Obstructing justice | 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.
Facing an Allegation?
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Frequently Asked Questions About article 131b (Obstructing Justice)
What Is the Maximum Possible Punishment for Article 131b (Obstructing Justice)?
A conviction of obstructing justice under Article 131b of the UMCJ is subject to the following maximum sentence:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 5 years
- Dishonorable discharge
What Are Some Examples of Obstructing Justice?
According to the Manual for Court Martial, examples of obstructing justice might include wrongfully influencing, intimidating, impeding, or injuring a witness, a person of interest, or an investigating officer. This could be by means of bribery, intimidation, misrepresentation, or force or threat of force, which could delay or prevent the spread of information related to a criminal case.
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