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.
Law enforcement has accused you, a military service member, of destroying or removing property which may have been the object of an authorized search and seizure. If the case is picked up by the military’s prosecutors, then you may face charges and a conviction under Article 131e of the UCMJ. The destruction or removal of the property prior to a known search and seizure by law enforcement is a serious offense which could have a terrible and lasting impression on a service member’s military career and civilian future. If you do not take precautions prior to your court-martial, you may face:
- A dishonorable discharge from the military, along with the loss of your healthcare and retirement benefits.
- The possible repayment of your reenlistment or sign up bonuses, which could leave you in debt tens of thousands of dollars.
- A period of confinement of up to five years for this offense. Its Category 1 sentencing range is separate from that lawful maximum.
You have worked too hard to see your military career destroyed by a single mistake or misunderstanding. Contact Bilecki Law Group to start fighting back TODAY.
What Is 131e (Seizure: Destruction, Removal, or Disposal of Property to Prevent) of the UCMJ?
Every article of the U.C.M.J. requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime.
To be found guilty of the destruction, disposal, or removal of evidence under Article 131e of the UCMJ, the following three elements must be proven:
- That one or more persons authorized to make searches and seizures were seizing, about to seize, or endeavoring to seize certain property;
- That the accused destroyed, removed, or otherwise disposed of that property with the intent to prevent the seizure thereof;
- That the accused then knew that person(s) authorized to make searches were seizing, about to seize, or endeavoring to seize the property.
Summary of the Elements of Article 131e (Preventing the Seizure of Property): A service member may be found guilty under Article 131e if he or she destroys or removes property which may be the object of a legal seizure by any law enforcement or other persons authorized to make such seizures.
The Soldier must know that authorized persons are seizing, about to seize or endeavoring to seize the property, and must act with the intent to prevent that seizure. Current Article 131e does not require the former Article 134 terminal element.
Military Defense Attorney for Article 131e of the UCMJ: Fighting Back Against Charges of Destroying, Removing or Disposing of Property in an Authorized Seizure
The first thing you need to know as a Soldier, Sailor, Airman or Marine accused under Article 131e is that your case is not hopeless. Maybe the evidence does not show that you knew an authorized seizure was underway or about to occur. A technical defect in the search or seizure, by itself, is not a defense. Maybe the property that law enforcement assumes you destroyed just prior was destroyed years ago. Regardless of your circumstances, there is always one thing you can do to secure the most positive outcome in your case. And that is to hire experienced military criminal defense attorneys with a reputation for securing positive outcomes for its clients. Bilecki Law Group has been helping service members defend themselves against 131e charges since inception. Our combination of experience, firepower, and tenacity, make us one of the most sought-after military defense law firms operating worldwide today. Let’s look at these benefits in more detail:
- Experienced military defense attorneys: Tim Bilecki and Ben Gold are experienced litigators who build your defense together. Their vast experience trying cases in courtrooms around the world levels the playing field.
- Resources and firepower: Even the toughest cases can be won when you create a defense team, with independent investigators and experts added when the work requires them, working day and night to secure a positive outcome. Tim and Ben direct that work and bring the findings into your defense.
- Global reach: Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. Regardless of your current location, Tim and Ben start the defense remotely and both travel for trials and boards. We plan that travel around what your case requires.
Have you been accused of preventing an authorized search and seizure? An experienced military defense attorney may be your last and best hope. Contact Bilecki Law Group TODAY for a confidential consultation. Contact Bilecki Law Group
Experienced Military Defense Lawyers for Article 131e Charges
You cannot put a price on your military career. And you cannot put a price on your freedom. If you stand to lose both with the outcome of a court-martial verdict on Article 131e charges, then the next step should be absolutely clear: hire an experienced military defense law firm with a reputation for securing positive outcomes for its clients.
Bilecki Law Group will help you fight back against charges under Article 131e: Seizure: Destruction, Removal, or Disposal of Property to Prevent
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 |
|---|---|---|---|
| Prevention of an authorized seizure of property | 5 years | Category 1 | 0–12 |
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 131e
What Is the Maximum Possible Punishment for Article 131e (Seizure: Destruction, Removal, or Disposal of Property to Prevent)?
A soldier who is convicted of removing, destroying or disposing of property that is the object of an authorized search and seizure faces a maximum sentence of:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for up to 5 years
- Dishonorable discharge
Will You Travel to My Location, Even If I Have Been Accused of a Crime Abroad?
Absolutely. Bilecki Law Group has represented hundreds of service members, many of which were accused of offenses while being stationed in foreign countries. 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.
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