Robbery or Burglary Charges in the Military
The United States government has accused you of robbery. They claim to possess damning evidence that all but seals your fate. They’ve suggested getting ahead of the worst charges by confessing to your crimes. But if you do confess, your life will forever be changed for the worse:
- You may avoid the maximum sentence of 15 years in prison only to realize, when the door to your cell slams shut, that 12 years is just as horrible.
- The government will take from you the entitlements, allowances and pay that you’ve earned as a member of the U.S. armed forces. You will see none of it. Your family will see none of it.
- Even after incarceration, you will be haunted by a felony conviction on your public record. Job prospects will dry up. Loans will be unavailable. A home or even a car could be out of your reach.
You know what’s at stake if you’re convicted of burglary or robbery. The only question now is: are you willing to fight back? For service members accused of burglary or robbery, fighting back and securing a not-guilty verdict should be your highest priority. The court-martial attorneys at Bilecki & Tipon LLLC are here to help you do just that.
Is Robbery A Violent Crime?
Robbery is considered a violent crime by the U.S. Military justice system. That’s because it involves either physical violence or the threat of violence at a present or future date against the victim and/or family and friends of the victim.
In other words, expect the government to convict you at all costs then push for the harshest possible sentencing. The government prosecutors know that you’ve been trained in the deadly use of force. If the accusations made against you involve either violence or the threat of violence, they will come at you even harder and argue for even more confinement time.
Without the component of physical violence, robbery often becomes a charge of larceny or wrongful appropriation, which can be a lesser offense. A defense team that can throw enough doubt into the violence component of your case can often find success against your charge of robbery.
Defending Service Members against Robbery Charges in the Military
The prosecutors may think they have a clear cut case of robbery or burglary. They may think the evidence will swing in their favor. What they don’t realize is that you’ve hired Bilecki & Tipon to defend you in court.
And trust us, that changes everything. Suddenly those prosecutors have a real fight on their hands:
- Is there any evidence to suggest that violence and/or the threat of violence was a component in the case? Is it the victim’s word against the accused? We can make the prosecution’s job of proving violence much more difficult with the right defense strategy.
- After a thorough defense investigation, we may be able to locate witnesses that provide you with an alibi, discover evidence that throws doubt on the victim’s story, or spotlight illegal methods by law enforcement to build a case against you.
- Even if evidence points toward the theft of property, we can still leverage the prosecution’s burden of proof to reduce your charges from robbery to larceny or wrongful appropriation.
Have you been backed into a corner by allegations of robbery? The defense attorneys at Bilecki & Tipon can help you fight back.
Think Your Robbery Charges Are Hopeless to Fight Against? Think Again.
What Is the Maximum Punishment of a Robbery Charge?
With a firearm: A maximum sentence of 15 years of confinement as well as a forfeiture of all military entitlements and a dishonorable discharge.
Without a firearm or through the threat of violence: A maximum sentence of 10 years of confinement as well as forfeiture of all military entitlements and a dishonorable discharge.
What Article of the UCMJ Relates to Robbery?
Article 122 of the UCMJ governs all aspects of robbery in the military. According to Article 122, robbery is defined as the taking of property by use of force or threat of violence. Unlike larceny, which is considered a lesser charge, robbery requires the prosecution to prove that the service member caused or threatened physical harm upon the victim.
How Can You Be Accused of Robbery without the Use of Violence?
Robbery according to the UCMJ includes both the threat of violence and/or the taking of property through the use of fear. This could be fear of the threat of future violence (against the victim or family/friends of the victim) or even fear of blackmail.