Article 134: Restriction, Breaking
Any action taken by a service member of the United States to break a restriction placed on him or her by an authorized individual or entity—such as a restriction by a commanding officer or by a past NJP or court martial—could incur accusations and a conviction under Article 134 of the UCMJ.
Accusations of breaking a restriction can be incredibly stressful to the service member and his family. But accusations pale in comparison to a conviction, which could easily lead to the following:
- Your pay may be significantly forfeited for a period of time, putting financial strain on you and your family.
- With a maximum sentence, you may be required to serve time in prison for breaking a restriction.
- A conviction could put the brakes on your military career, making it difficult to achieve new ranks or earn promotions and bonuses.
You have fought honorably for your country. Now let us fight for you. Hire an experienced military defense attorney to fight back against Article 134 charges.
What Is Article 134 (Restriction, Breaking) 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. To be convicted under Article 134 of breaking a restriction, prosecutors must prove the following five elements:
(1) That a certain person ordered the accused to be restricted to certain limits;
(2) That said person was authorized to order said restriction;
(3) That the accused knew of the restriction and the limits thereof;
(4) That the accused went beyond the limits of the restriction before being released therefrom by proper authority; and
(5) 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 (Breaking Restriction): A service member may be convicted under Article 134 of breaking a restriction if he a) had limits placed on him by an individual authorized to do so, b) was aware of those restrictions, and c) acted in such a way that those restrictions were broken.
Military Defense Attorney for Article 134 of the UCMJ: Fighting Back Against Charges of Breaking a Restriction
A restriction may be imposed upon a service member for many reasons. It may be from a punishment from a NJP or previous court martial. Or it may be an administrative restriction related to safety, training, or security concerns. Regardless of its origins, the breaking of a restriction could cause serious harm to your military career, and make it difficult or even impossible to advance in rank or earn promotions.
If you find yourself accused of breaking a restriction placed on you by a court or commanding officer, then you may want to consider hiring a military defense law firm with experience taking on such cases. Bilecki & Tipon LLLC has been defending service members like yourself from UCMJ charges since inception. Our reputation for delivering the best possible outcomes for our clients has made us one of the most sought after court-martial attorneys worldwide.
Why should you hire Bilecki & Tipon LLLC?
- UCMJ and court-marital experience: Managing partners Timothy Bilecki and Noel Tipon are veteran JAG Corp officers who have defended hundreds of service members over the last decade. Their knowledge of the military’s justice system and UCMJ makes them one of the most effective private military defense law firms in America today.
- Access to legal talent: Bilecki & Tipon LLLC employs a full time investigator with over 30 years of law enforcement experience. In addition to our in-house team, we have access to a consultant network which can be called upon to assist our clients at a moment’s notice.
- Global reach, fast response times: Time is never on the side of the defense. A law firm must be able to reach you quickly and build a case in your defense as fast as possible. Because we are located in Honolulu, Hawaii, we are in close proximity to military installations and bases throughout the Pacific, Asia, the United States and beyond.
Have you been accused of breaking a restriction? It could mean the end of your military career. Contact Bilecki & Tipon TODAY to learn how you can start fighting back.
Experienced Military Defense Lawyers for Article 134 Charges
An Article 134 conviction could crush your aspirations for a prestigious military career. Hiring an experienced military defense attorney may be the only thing standing between you, and the worst case scenario. If you have been accused of breaking a restriction, and you believe your military career is worth fighting for, then hiring an experienced attorney is your only option.
And when it comes to experience and results, few law firms come close to matching Bilecki & Tipon LLLC.
Bilecki & Tipon will help you fight back against charges under Article 134: Restriction, Breaking
Frequently Asked Questions
What Is the Maximum Possible Punishment for Article 134 (Breaking Restriction)?
A conviction of negligent homicide under Article 134 of the UMCJ is subject to the following maximum sentence:
- Forfeiture of two-thirds ay per month for one month
- Confinement for 1 month
Will Bilecki & Tipon Travel to My Location Abroad?
Yes. Bilecki & Tipon is based out of Hawaii, but we take on clients around the world. We have the ability to reach you faster than many law firms. Contact us today to learn how we can help you fight back against your Article 134 charge.