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.
What Is Article 82 Of The UCMJ?
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Any Service Member of the United States military that solicits or advises another person or persons to commit a crime may face charges under Article 82 of the UCMJ: Solicitation. Solicitation can be complete when a serious request or advice is given with the specific wrongful intent to influence someone to commit an offense. A private desire to see a crime committed is not enough.
Solicitation may seem harmless, but it carries with it some extremely harsh realities should you be convicted:
- You may not have taken part in the crime itself, but you could be punished in equal measure to the individual or individuals whose actions broke the law.
- The person or persons charged with committing the crime may be offered a better plea deal by ratting you out to law enforcement. Expect a tough battle where multiple witnesses claim you advised them to commit a crime. We typically do not represent snitches.
- Maximum sentencing under Article 82 can be harsh. You could face a dishonorable discharge, loss of all pay and significant incarceration.
Solicitation could end your military career and land you in jail. Never assume you’ll be found Not Guilty until you’ve spoken with defense attorneys experienced in Article 82 offense.
Sentencing Parameters
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 sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The punishment summaries describe the current offense limits for enlisted members; earlier conduct must be assessed under the law applicable on its date. Reduction to E-1 applies to enlisted members. 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. Court-martial jurisdiction and any plea agreement can further limit the sentence.
Offenses Under
This Article
Offense Category
Category Confinement Range (Months)
Solicitation of espionageCategory 4
120-240
Solicitation of desertion, mutiny or sedition, misbehavior before the enemy if committed or attempted
Dependent on underlying offense
Solicitation of desertion in time of war if not committed or attempted
Criteria
Solicitation of desertion if not committed or attempted
Category 1
0-12
Solicitation of mutiny or sedition if not committed or attempted
Category 3
30-120
Solicitation of misbehavior before enemy if not committed or attempted
Category 3
30-120
Solicitation of other offense regardless of whether committed or attempted
Dependent on underlying offense
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Defining the Elements of Article 82
Article 82 requires proof that the accused solicited or advised someone to commit an offense under the UCMJ and did so with the intent that the offense actually be committed. The request itself can complete the solicitation; the other person need not agree or act on it.
When the prosecution alleges that the solicited offense was attempted or committed as a result, it must prove that additional allegation. That distinction can affect punishment, particularly for solicitation of desertion, mutiny, sedition or misbehavior before the enemy.
Fighting Back Against an Article 82
Charges of solicitation are often fought on the playing field of witness testimony and speculation of intent. Bilecki Law Group understand solicitation cases and we know the prosecution’s strategies inside and out.
Here are just a few of the options Bilecki Law Group has at its disposal to fight back against charges of solicitation:
- A solicitation prosecution can turn on one witness’s account of what was said. A defense team with excellent cross-examination skills can show that witness as unreliable and dishonest.
- Prosecutors must prove beyond a reasonable doubt that you intended for the offense to be committed. Attacking the credibility of the government witnesses and attacking the evidence of intent may be enough to prove you had no intention of committing a crime.
- Even if the evidence is piled up against you, we can limit the damage based on a number of factors, such as whether a crime was even committed, the extent of the damage of said crime and the type of offense.
It is a terrible thing to be dishonorably discharged and tossed in prison for a crime you didn’t commit. One call to Bilecki Law Group is all it takes to set the record straight
A solicitation conviction can carry years of confinement, and some solicitation offenses authorize punishment beyond ten years. Never put your freedom in the hands of an inexperienced defense attorney with so much on the line.
Bilecki Law Group will help you fight back against charges under Article 82 UCMJ: Solicitation
Can You Be Charged with Same Crime That You Solicited Someone Else to Commit?
Yes, if the evidence establishes your liability for the underlying offense as well as solicitation. The charges do not necessarily require separate trials.
The government may believe it has enough evidence to claim you aided or abetted the criminal act with more than just advice. Under these circumstances, you could be facing multiple charges and exponentially harsher sentencing.
You should always be aware of the government’s endgame in your case – a conviction. If you want to prevent that from happening, hiring an experienced court-martial lawyer is the best place to start.
Can I Be Charged with Solicitation Just by Talking to Someone?
Yes. A serious request or advice to commit an offense, made with the specific wrongful intent to influence the other person to commit it, can be enough. The person you solicited does not have to agree, attempt the offense or complete it. That is why the exact conversation and its context matter: the prosecution has to prove an actual solicitation and criminal intent, not just point to words it dislikes.
What Is an Instantaneous Offense?
Solicitation is considered an instantaneous offense, meaning that a service member has broken the law regardless of whether or not the advice was acted upon. Most crimes of the UCMJ require an overt action to be considered a crime. Solicitation is not one of them.
What Is the Maximum Possible Punishment for Article 82?
The maximum depends on what offense was solicited and whether it was attempted or committed as a result. Under the current Manual, the principal rules are:
- Solicitation of espionage may receive any punishment a court martial may direct except death.
- For solicitation of desertion, mutiny, sedition or misbehavior before the enemy, an offense that is attempted or committed carries the punishment provided for that offense. If it is not attempted or committed, the maximum includes a dishonorable discharge, forfeiture of all pay and allowances and fifteen years of confinement, or the underlying offense’s maximum punishment, whichever is less.
- For solicitation of other offenses, the maximum includes a dishonorable discharge, forfeiture of all pay and allowances and ten years of confinement, or the underlying offense’s maximum punishment, whichever is less.
These are maximum-punishment rules. Applicable sentencing parameters, the court’s jurisdiction, the accused’s status and the offense date also have to be considered. That is why we identify the exact offense the government says you solicited before assessing your exposure.
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