Maximum Punishment and Sentencing Parameters
| Offense | Maximum confinement | Category | Applicable confinement range before any justified departure | Other listed maximum punishments |
|---|---|---|---|---|
| Disorderly conduct that discredits the military service | 4 months | 1 | 0–4 months after the offense maximum applies | Forfeiture of two-thirds pay per month for 4 months |
| Other disorderly conduct | 1 month | 1 | 0–1 month after the offense maximum applies | Forfeiture of two-thirds pay for 1 month |
| Drunkenness aboard ship or that discredits the military service | 3 months | 1 | 0–3 months after the offense maximum applies | Forfeiture of two-thirds pay per month for 3 months |
| Other drunkenness | 1 month | 1 | 0–1 month after the offense maximum applies | Forfeiture of two-thirds pay for 1 month |
| Drunk and disorderly aboard ship | 6 months | 1 | 0–6 months after the offense maximum applies | Bad-conduct discharge and forfeiture of all pay and allowances |
| Other drunk and disorderly conduct that discredits the military service | 6 months | 1 | 0–6 months after the offense maximum applies | Forfeiture of two-thirds pay per month for 6 months |
| Other drunk and disorderly conduct | 3 months | 1 | 0–3 months after the offense maximum applies | Forfeiture of two-thirds pay per month for 3 months |
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.
Any service member who brings dishonor or shame to the U.S. Military by acting in a loud, offensive, or disorderly manner (whether due to drunkenness or otherwise) is subject to a conviction and maximum sentence under Article 134 of the UCMJ: Disorderly Conduct, Drunkenness.
Many service members do not take a disorderly conduct charge seriously. While it’s true that the maximum sentencing for such a charge is minimal compared to other offenses under Article 134, the reality is that just having the conviction on your record can damage your promotion prospects and put continued service at risk.
That is where the real damage will occur…to your military future.
- A conviction can cost you promotions and leave you watching peers advance while your own career stalls.
- By the time you leave the military your benefits will be nowhere near that of your peers. This could be to the tune of tens of thousands of dollars lost over your lifetime.
- The offense still carries a significant maximum punishment. The loss of two-thirds pay and confinement for a month could easily eat up savings and force your family into debt.
A conviction under Article 134 can put a ceiling on your military career. Do not risk it. Contact Bilecki Law Group TODAY to start fighting back.
Elements of Article 134
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. To secure a conviction of drunken disorderly conduct, the military’s prosecutors must prove that:
- The soldier was drunk, disorderly, or drunk and disorderly on board ship or in some other place; and
- 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.
Prosecutors must prove that a soldier disturbed the peace or broke with public decency. The soldier need not be drunk to be convicted under this article. However, prosecutors will have to prove that the disturbance negatively impacted the integrity, discipline, and order of the U.S. Military.
Military Defense Attorney for Article 134 of the UCMJ: Fighting Back Against Disorderly Conduct Charges
One of the broadest offenses under Article 134 is drunken and disorderly conduct. Rowdiness, excessive noise, or boisterous drunken activity, could easily lead to an accusation under this article. And because this conduct is often seen and heard by multiple witnesses, it has the potential to be a slam dunk case for prosecutors if the soldier does not take the proper precautions.
Taking the right precautions always begins with retaining an experienced military defense attorney to take up your case. And few military defense attorneys are as capable as Tim Bilecki and Ben Gold, the experienced litigators who build your defense together at Bilecki Law Group.
Bilecki Law Group has been helping soldiers fight back against charges of disorderly conduct and other offenses under Article 134 of the UCMJ for decades. Tim Bilecki’s experience as a former Army JAG, combined with Tim and Ben’s work together and our worldwide representation, makes us one of the most sought after military law firms in the world today.
Let’s take a look at all of these benefits in more detail:
- Experience inside and outside the military’s justice system: Tim Bilecki brought his Army JAG experience into private military defense. Tim and Ben are experienced litigators who build your case together, testing the government’s strongest arguments and challenging each other’s assumptions before the courtroom fight.
- A talented team of legal experts: It takes more than a lone attorney to win a case against the military’s overwhelming resources, dedicated forensic labs, and experienced prosecutors. That’s why Tim and Ben can select independent investigators and experts for the work your case requires, then put their findings to work in your defense.
- Global reach: 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.
A conviction of disorderly conduct could destroy your military career forever. Call us TODAY and let us evaluate your case for free.
Experienced Military Defense Lawyers for Article 134 Charges
Every soldier who cares about his or her military career and future should take an active role in finding the best law firm possible to represent them on their day in court. That means looking beyond what these law firms are telling you, and focusing on the results they’ve achieved for past clients.
You can find the results we’ve achieved for our clients below. Review them for as long as you’d like, then feel free to contact us for a free consultation into your case.
FREE CASE EVALUATION
What Is the Maximum Possible Punishment?
The maximum depends on the offense and the circumstances proved; these are not mandatory minimum sentences.
- Disorderly conduct: up to four months of confinement and forfeiture of two-thirds pay per month for four months when service discrediting; otherwise up to one month of confinement and the same fraction of pay for one month.
- Drunkenness: up to three months of confinement and forfeiture of two-thirds pay per month for three months when aboard ship or service discrediting; otherwise up to one month of each.
- Drunk and disorderly aboard ship: a bad-conduct discharge, forfeiture of all pay and allowances, and up to six months of confinement.
- Other drunk-and-disorderly conduct: when service discrediting, up to six months of confinement and forfeiture of two-thirds pay per month for six months; otherwise up to three months of each.
Reduction to E-1 is also authorized for an enlisted member.
Will You Travel to My Current Location?
Tim and Ben both travel for courts-martial and administrative boards. If you are facing an NJP, we first assess what is at stake, what your military counsel can provide, and whether our involvement would add enough value to justify the cost. We explain the work and any travel the representation requires before you commit.