Article 134: Soliciting Another to Commit an Offense
When a service member in the United States armed forces solicits or advises another person or persons to commit an offense under the military’s code with the intent that it be committed, that service member may be at risk of accusations and a conviction under Article 134 of the UCMJ.
Under Article 134, it is entirely possible that you could be convicted of an offense without having planned, prepared, or taken part in an actual crime. All it takes is one person to suggest that you may have solicited such a crime, and you could face sentencing that is just as harsh as if you had taken an active role in the crime itself.
- Your military career could be threatened by a bad-conduct or dishonorable discharge, leaving your military benefits—including your retirement and healthcare—in doubt.
- You may be required to return sign-up and reenlistment bonuses, which could put you and your family in significant debt.
- Your freedom is on the line. Soliciting an offense could leave you behind bars for up to five years.
Advising another to commit an offense under the UCMJ could cost you more than just your military career. Mitigate your risk as soon as possible by contacting Bilecki & Tipon LLLC TODAY.
What Is Article 134 (Soliciting Another to Commit an Offense) 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. For a soldier to be convicted under Article 134 for soliciting another to commit an offense under the UCMJ, he or she must be guilty of the following three elements:
(1) That the accused solicited or advised a certain person or persons to commit a certain offense under the code other than one of the four offenses named in Article 82;
(2) That the accused did so with the intent that the offense actually be committed; and
(3) 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 (Soliciting Another to Commit an Offense): A service member must have intentionally set out to advise another person or persons subject to the UCMJ to commit an offense under the code. Note that there is no element requiring prosecutors to prove the offense was actually committed.
Military Defense Attorney for Article 134 of the UCMJ: Fighting Back Against Charges of Solicitation to Commit an Offense
If you have been formally charged with the solicitation of a criminal offense, or even if you suspect that such charges are forthcoming, you absolutely must begin preparing for a tough court battle. That’s because by the time you are made aware of your charges, law enforcement has likely built up a substantial case against you, which may include damning evidence and witness testimony.
For a service member who is unprepared to fight back against such charges, the situation can go from bad to worse in an instant. That is why we recommend hiring only the most experienced military defense law firm to represent your interests in court. And when it comes to law firms which specialize in UCMJ and court martial defense, few are as well-known and reputable as Bilecki & Tipon LLLC.
So why choose Bilecki & Tipon LLLC to represent you in court?
- Our attorneys are veterans of the JAG Corp: You are being accused of a crime under military law and tried in a military court. It is therefore incredibly important that you hire an attorney with experience with the military’s justice system.
- We have a reputation for beating the odds: An accused service member on average will be convicted 9 times out of 10 in military courts. Retaining Bilecki & Tipon improves those odds significantly by leveraging a talented in-house team and network of specialists to defend you in court.
- We are strategically headquartered in the Pacific: Bilecki & Tipon is strategically located in Hawaii, in close proximity to military installations throughout the Pacific, including those in Korea, Okinawa, mainland Japan and Guam.
Let an experienced military defense attorney secure the best possible outcome for you in court. Contact Bilecki & Tipon LLLC to schedule your confidential consultation today.
Experienced Military Defense Lawyers for Article 134 Charges
Your attorney may be all that stands between you and a conviction under Article 134 for soliciting another to commit a crime. Retaining an experienced attorney with an exceptional reputation for delivering positive results for his clients may be the single most important decision you will ever make.
Below you will find some of our most recent court martial cases. Review them for as long as you’d like, then contact us to schedule your confidential consultation today.
Bilecki & Tipon will help you fight back against charges under Article 134: Soliciting Another to Commit an Offense
Frequently Asked Questions
What Is the Maximum Possible Punishment for Article 134 (Soliciting Another to Commit an Offense)?
A conviction under Article 134 of the UMCJ for soliciting another to commit an offense is subject to the same maximum punishment as if that service member actually committed the offense itself.
Some exceptions include:
- The death penalty is not possible under this offense, even for espionage.
- Five years is the maximum amount of time which may be served, even if the individual advised another to commit an offense where life in prison is a possibility. The exception to this is espionage.
What If No Offense Was Actually Committed?
If no offense was committed, you may still be subject to a conviction under Article 134 of the UCMJ. It may be considered an aggravating factor if such solicitations later led to an offense being committed by another service member.