UCMJ Article 134: Gambling with Subordinate
You are an officer of the United States Military who has been accused of gambling with a subordinate service member. Your commanding officer may have already notified you of a possible court-martial. Now, you are facing charges of gambling with a subordinate under Article 134 of the U.C.M.J. And you are not sure who to turn to, or how to fight back.
Losing your military career over something as trivial as a game of cards seems impossible. But convictions for gambling and other infractions under Article 134 can and do happen. And they can cost you a great deal if you are not careful.
- You could spend the next quarter of a year behind bars, which could impact your salary and your ability to support your family.
- Your pay will be docked significantly over a three-month time frame. The maximum sentence for gambling with a subordinate is three months of two-thirds pay.
- You will likely not be discharged from the military, but a conviction will almost certainly make future promotions, bonuses, and raises far more difficult, if not impossible.
Do not risk your military career on a card game. If you believe your case is worth fighting for, then start fighting back with Bilecki & Tipon LLLC TODAY!
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. When a soldier is accused of gambling with a subordinate under Article 134, he or she must meet the following criteria to be convicted:
- That the accused gambled with a certain servicemember;
- That the accused was then a noncommissioned or petty officer;
- That the service member was not then a noncommissioned or petty officer and was subordinate to the accused;
- That the accused knew that the service member was not then a noncommissioned or petty officer; 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 (Gambling with Subordinate): The accused soldier must be an NCO or petty officer gambling with an enlisted service member under his or her rank. Furthermore, the actions must have discredited or disrupted the order of the military as a whole.
Fighting Back Against Charges of Gambling with a Subordinate
The military’s prosecutors will claim you knew the subordinate soldier and that you decided to gamble anyway. They will claim that money was at play and this was not simply a way to pass the time. And they will damage and attempt to destroy your reputation as an officer of the United States military by attacking your character and your common sense.
Do not assume that your innocence will protect you. You may have had nothing to do with any game with any enlisted service member. But even if you are innocent of any wrongdoing, you may still face an accusation, charges, and even a conviction if you do not have a plan in place and an experienced military defense attorney at your side on your day in court.
For decades Bilecki & Tipon LLLC has been helping active duty officers fight back against aggressive and extreme charges. Other officers have chosen us to represent them because we have the reputation, the experience, and the reach to secure exceptional results.
- We have the reputation. When it comes time to hire an attorney, reputation should be the single most important factor in your decision. Bilecki & Tipon LLLC is one of the most established military law firms in America today. And our case history proves that we provide exceptional results to our clients every time.
- We have the experience. Decades of experience both inside and outside the military’s justice system have made managing partners Tim Bilecki and Noel Tipon exceptionally capable of defending their service member clients in court.
- We have the reach. It is possible that a case has already been made against you, leaving you scrambling to hire an attorney and fight back. That’s why Bilecki & Tipon is strategically located in the Hawaiian Islands, in close proximity to hundreds of military installations through the Pacific, Asia and the Americas.
Have you been accused of gambling with a subordinate? A conviction may leave your reputation as an officer in shambles. Contact us today to receive a free consultation.
Experienced Military Defense Lawyers for Article 134 Charges
For decades Bilecki & Tipon LLLC has represented service members across all branches of the U.S. armed forces. Whether you are Air Force, Army, Navy or Marines, Bilecki & Tipon LLLC has the experience and the knowledge required to secure the best possible outcome in your case.
Maximum Possible Punishment
A conviction under Article 134: Gambling with a Subordinate, could leave a service member facing:
- Confinement for 3 months
- Forfeiture of two-thirds pay per month for 3 months
It may also be possible for an officer to be convicted and sentenced under Article 133: Conduct Unbecoming an Officer. This charge is more serious than gambling and could lead to dismissal and confinement for up to a year.
Does This Apply to All Officer Ranks?
It applies to noncommissioned and petty officers who are caught gambling with enlisted persons of less than noncommissioned or petty officer rank.