UCMJ ARTICLE 82(A):
SOLICITING ANOTHER TO COMMIT AN OFFENSE
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.
UCMJ ARTICLE 82(A):
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 UCMJ Article 82(a) of the UCMJ.
What is at stake?
- 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. The maximum depends on the offense solicited and the applicable part of Article 82; five years is not a universal ceiling.
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 Law Group TODAY.
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What Is Article 82(a) (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 conviction under the current Article 82, the government must prove that the accused solicited or advised a person to commit a certain offense under the UCMJ and intended that the offense actually be committed. If the government alleges that the solicited offense was attempted or committed as a result, it must prove that additional allegation. The former Article 134 requirement of prejudice to good order and discipline or service discredit is not an element of the current Article 82 offense.
Summary of the Elements of Article 82(a): The accused must seriously solicit or advise another person to commit an offense under the UCMJ with the intent that it be committed. The person solicited need not be subject to the UCMJ.
Note that there is no element requiring prosecutors to prove the offense was actually committed.
Military Defense Attorney for Article 82(a): 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 Law Group.
So why choose Bilecki Law Group to represent you in court?
- Military trial experience: 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. Tim Bilecki and Ben Gold are experienced litigators who build your defense together, test the government’s strongest arguments and challenge each other’s assumptions.
- We build the defense around the evidence: Retaining Bilecki Law Group puts experienced defense counsel to work testing the government’s allegations and using Tim and Ben’s work together and independent specialists selected for the case to defend you in court.
- We represent service members worldwide: Bilecki Law Group is based in Tampa, Florida. Tim and Ben both travel for courts-martial and administrative boards. We start the defense remotely and plan the travel your case requires.
Let an experienced military defense attorney secure the best possible outcome for you in court. Contact Bilecki Law Group to schedule your confidential consultation today.
Experienced Military Defense Lawyers for Article 82(a) Charges
Your attorney may be all that stands between you and a conviction under UCMJ Article 82(a) 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 Law Group will help you fight back against charges under Article 82(a): Soliciting Another to Commit an Offense
Frequently Asked Questions About Article 82(a)
What Is the Maximum Possible Punishment for Article 82?
Solicitation of espionage may receive any punishment except death. For solicitation of desertion, mutiny, sedition, or misbehavior before the enemy, the maximum is the punishment for that offense if it was attempted or committed as a result. If it was not, the maximum is a dishonorable discharge, forfeiture of all pay and allowances, and fifteen years of confinement, or the underlying offense’s maximum, whichever is less. For other solicitation offenses, the maximum is a dishonorable discharge, forfeiture of all pay and allowances, and ten years of confinement, or the underlying offense’s maximum, whichever is less.
What If No Offense Was Actually Committed?
If no offense was committed, you may still be subject to a conviction under UCMJ Article 82(a) of the UCMJ. It may be considered an aggravating factor if such solicitations later led to an offense being committed by another service member.
Current sentencing parameters: solicitation of espionage is Category 4 (120–240 months). Solicitation of desertion, mutiny, sedition, or misbehavior before the enemy that is attempted or committed uses the underlying offense’s category or criteria. If not attempted or committed, ordinary desertion is Category 1 (0–12 months), wartime desertion uses sentencing criteria, and mutiny, sedition, or misbehavior before the enemy is Category 3 (30–120 months). Other solicitation offenses use the underlying offense’s category or criteria. The lower lawful solicitation maximum always controls.
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.
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