Maximum Punishment and Sentencing Parameters
| Offense | Maximum confinement | Category | Applicable confinement range before any justified departure | Other listed maximum punishments |
|---|---|---|---|---|
| Disloyal statements | 3 years | 1 | 0–12 months | Dishonorable discharge and forfeiture of all pay and allowances |
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 use the applicable confinement range unless specific facts justify a departure, which requires a written statement in the record explaining the factual basis. A category range does not increase the offense’s lawful maximum or the court-martial’s jurisdictional limit. An offense assigned sentencing criteria instead of a category requires consideration of those criteria. These are current rules; the date of the alleged conduct determines which offense definition and maximum punishment apply. Earlier conduct requires checking the earlier law. Confinement ranges are separate from authorized discharge, forfeiture and other punishments. Reduction to E-1 applies to enlisted personnel, not officers. Punitive separation also depends on military status. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members.
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.
A service member of the United States military who makes a negative statement about the U.S. government to another person with the intention of spreading disaffection or resentment in the ranks is at risk of a conviction and maximum sentence as defined under Article 134 of the UCMJ: Disloyal Statements.
You may be a true American patriot that has no intention at all of undermining the authority and order of America’s military. But the truth will not save you once the government’s prosecutors begin bending your words in court.
Should that happen, you could soon be facing your worst nightmare: a conviction and a maximum sentence under Article 134 of the UCMJ.
- A dishonorable discharge from the military along with the full loss of your salary, pay, and bonuses.
- The loss of your G.I benefits, including your healthcare and your pension. That could easily be worth tens of thousands of dollars over the course of your lifetime.
- You may be facing confinement that could last up to three years, forcing your family to move out of their home and sell off the property to pay off increasing debts.
A disloyal statement could destroy your military career and put you behind bars for years. Fighting back is your only option.
What Is Article 134 (Disloyal Statements) 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. Convicting a soldier of making a disloyal statement would require prosecutors to prove the following five elements:
- That the accused made a certain statement;
- That the statement was communicated to another person;
- That the statement was disloyal to the United States;
- That the statement was made with the intent to promote disloyalty or disaffection toward the United States by any member of the armed forces or to interfere with or impair the loyalty to the United States or good order and discipline of any member of the armed forces; and
- That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Summary of the Elements of Article 134 (Disloyal Statements): Prosecutors must prove that you communicated a statement disloyal to the United States, with intent to promote disloyalty or disaffection toward the United States among members of the armed forces, or to interfere with or impair their loyalty or good order and discipline. They must also prove the charged prejudice to good order and discipline or service-discrediting character. Fear or uncertainty alone is not that test.
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Military Defense Attorney for Article 134 of the UCMJ: Fighting Back Against Disloyal Statement Charges
Simply making a disloyal statement against the United States is not enough for prosecutors to convict you under Article 134. The statement must also have been used intentionally as a means of promoting disaffection and disloyalty among other service members.
The outcome, therefore, comes down to the intent of the accused and his feelings toward the United States as a political entity. And if you are not careful, the prosecution can bend your own words and twist your original intent into something that you do not even recognize.
That is why the defense must put your words and intent back into their actual context. Disagreement with a government policy does not, by itself, establish disloyalty to the United States. The prosecution still has to prove the required intent beyond a reasonable doubt.
It’s for these and many other reasons that you must hire the most experienced military defense attorney possible to advocate for you in court. And when it comes to experience, resources, and global reach, few military defense law firms are as capable and reputable as Bilecki Law Group.
Let’s take a look at all of these benefits in more detail:
- UCMJ and court martial experience: Tim Bilecki founded Bilecki Law Group after defending service members as an Army JAG. Tim and Ben continue to provide exceptional results for their clients as experienced defense litigators in the private sector.
- Extensive resources and manpower: Tim and Ben can bring together independent investigators, consultants and forensic specialists selected for the work your case requires. Few law firms can direct the kind of firepower toward the government’s prosecutors as Bilecki Law Group.
- Global reach: Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. We have the ability to reach our military clients no matter where they are in the world. Tim and Ben both travel for trials and boards, with the defense already underway before we get on the plane.
A misunderstanding could cost you your military career and put you years behind your peers. Do not take the risk. Contact Bilecki Law Group TODAY to set up a free consultation.
Frequently Asked Questions About Article 134 - Disloyal Statements
What Is the Maximum Possible Punishment for Article 134 (Disloyal Statements)?
A soldier who is convicted of making a disloyal statement under Article 134 of the UCMJ will face a maximum sentence of:
- A dishonorable discharge
- Forfeiture of all pay and allowances
- Confinement for up to 3 years
What Are Examples of a Disloyal Statements?
The Military Judges’ Benchbook distinguishes disloyalty to the United States as a political entity from disagreement with a department, an official, or a government policy. Criticism of the Army or objection to a policy is not necessarily disloyalty to the United States. The words, their context, the intended effect on service members, and the charged harm to military discipline or reputation all have to be examined.