UCMJ Article 131c: Misprision Of A Serious Offense
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 a loved one has been accused by the military’s law enforcement of misprision, the act of deliberately concealing a criminal offense from law officials. Should formal accusations be brought against you, it could lead to charges and a conviction of Misprision under Article 131c of the UCMJ.Charges of misprision should absolutely be taken seriously by the accused service member. Making assumptions about what law enforcement does or does not know, or trusting that your innocence will be discovered in court, could put your military career and even your freedom in serious jeopardy.
- A conviction could destroy your military career in an instant. You could be dishonorably discharged, stripped of your rank and titles, and deprived of your military pay and allowances.
- Your military benefits, including your retirement and your healthcare, may be taken from you. Over the course of your lifetime, this could be tens or hundreds of thousands of dollars lost.
- A maximum sentence for misprision under Article 131c can include confinement for up to three years. A service member must acknowledge this as a real possibility which could very much happen to them.
Have you been accused of misprision by the military’s law enforcement? More than just your military career is at stake. Contact Bilecki Law Group TODAY to start fighting back.
What Is Article 131c (Misprision of a Serious Offense) of the UCMJ?
Every UCMJ article requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. To be convicted of misprision of a serious offense, the following three elements must be proven:
- That a certain serious offense was committed by a certain person;
- That the accused knew that person had committed the serious offense; and
- That the accused thereafter wrongfully concealed the serious offense and failed to make it known to civilian or military authorities as soon as possible.
Summary of the Elements of Article 131c (Misprision of a Serious Offense): Misprision is the deliberate concealment of one’s knowledge of a criminal or treasonous offense. To be convicted of misprision under the UCMJ, prosecutors must prove that a service member knew about the offense and the individual who committed it, and wrongfully concealed that knowledge from law enforcement officials.
Military Defense Attorney for Article 131c of the UCMJ: Fighting Back Against Charges of Misprision of Serious Offense
If you have been accused of misprision, the government is building a case that you knowingly concealed someone else’s serious offense. You need to challenge the evidence behind that accusation before the government’s version becomes the only version the court hears.
But an experienced military court-martial lawyer can even those odds and give the accused a fighting chance in court. A capable attorney can attack the prosecution’s misprision case from any number of angles.
Here are just a few examples of how an experienced attorney can swing the case in your favor:
- Was the concealment truly wrongful? For example, was the failure to tell law enforcement about a criminal offense in part because the Soldier feared for his or her life?
- Was this a positive act of concealment, i.e. did this go beyond the mere failure to tell law enforcement? Proof must exist that the Soldier intentionally tried to cover the tracks of another individual accused of a crime.
- Was the original offense actually serious enough to warrant charges of misprision? To be convicted of misprision, a Soldier must have concealed an offense punishable under the UCMJ by death or by more than one year of confinement. Several offenses under the UCMJ do not meet that criterion.
Have you been accused of misprision by the military’s law enforcement? Our experienced attorneys can help. Contact Bilecki Law Group TODAY for a confidential consultation.
Experienced Military Defense Lawyers for Article 131c Charges
You have worked too hard to see your military career destroyed by heavy-handed accusations of misprision. If you are backed up against a corner and you stand to lose everything from your military benefits to your freedom, then you have no other choice but to fight back. And few military defense law firms are as tenacious as Bilecki Law Group.
Review our case results to learn why other service members trust Bilecki Law Group to represent their interests in court.
Bilecki Law Group will help you fight back against charges under Article 131c: Misprision of Serious Offense
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 |
|---|---|---|---|
| Misprision of a serious offense | 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.
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Frequently Asked Questions About Article 131c (Misprision of Serious Offense):
What Is the Maximum Possible Punishment for Article 131c (Misprision of Serious Offense)?
A soldier who is convicted of misprision under Article 131c of the UCMJ will face a maximum sentence of:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for up to 3 years
- Dishonorable discharge
What Is the Difference of Being Charged as an Accessory to a Crime and Being Charged with Misprision?
Misprision concerns knowing concealment of a serious offense and failing to report it as soon as possible. Mere silence is not enough; the government must prove an act of concealment. An accessory after the fact knowingly assists an offender to hinder or prevent apprehension, trial, or punishment. A principal participates in the offense itself, including by aiding or encouraging its commission.
The distinction is not simply whether you knew about the crime beforehand. It is what you did, what you knew, and the purpose of your conduct.