Skip to the main content

Worldwide military defenseTampa, Florida · We travel wherever the case requires.

Military defense by location

MCAS Beaufort Court Martial Defense: Defending the Marines of Fightertown

The air traffic control tower at MCAS Beaufort (2005).
The air traffic control tower at MCAS Beaufort (2005).Photo: U.S. Marine Corps · Public domain
Source and image detailsMCASBeaufotTowerFull frame preserved. Display size reduced.
The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement.

Get Free Case Evaluation

MCAS Beaufort: The Marine Corps F-35B in the Lowcountry

In the South Carolina Lowcountry, among the tidal marshes near the historic town of Beaufort, Marine Corps Air Station Beaufort is Fightertown, the East Coast home of Marine fighter aviation as it moves to the F-35B Lightning II. It is the home of Marine Aircraft Group 31 and of VMFAT-501, a Fleet Replacement Squadron where Marine pilots and their British counterparts learn to fly the F-35B, alongside operational squadrons like VMFA-533 standing up on the jet. Just down the road is Parris Island, where Marines are made, so this corner of the Lowcountry runs on the Corps. Families settle across Beaufort and Port Royal in the heat and the salt marsh, with Savannah forty five minutes south and Charleston an hour and a half north. A fighter station built on the newest aircraft in the inventory will protect that mission and move hard against a Marine who steps wrong.

Military defense is all Bilecki Law Group does, and Marines fly us in from our office in Tampa because a contested court martial is decided by trial experience, and we bring it wherever the case is.

The Ace Who Made a Squadron

The standard for Fightertown was set by Major John L. Smith, who commanded Marine Fighting Squadron 223 over Guadalcanal in the desperate weeks of August and September 1942. Flying against larger and more experienced Japanese formations, Smith personally shot down sixteen aircraft, but his Medal of Honor was as much for what he built as what he destroyed, because he trained a squadron of green pilots into a force that downed dozens of the enemy and held the air over the island when it mattered most. He led from the front and made the men around him better. That standard, leading the fight and lifting the whole squadron, is the one we bring to a case at Beaufort.

Why Marines at Beaufort Bring Us In

We win court martial cases. Military defense is all we do, and Marines fly us in from all over the country because of our trial record. The military justice system is not built to find the truth; it exists to preserve good order and discipline, and a fighter station flying the newest jet in the force will make an example of a Marine to protect its standards. For a Marine aviator there is a second front, because an allegation or even a DUI can trigger a Marine Corps flight performance or flight status review to weigh your fitness to keep flying, and it can pull your wings on a standard far below a conviction, so the criminal case and the flying career are two fights at once. A serious case is investigated by NCIS, and for sexual assault and other covered offenses the decision to refer charges to a court martial no longer belongs to your command but goes to an independent Special Trial Counsel. The Defense Services Organization may be capable but carries a heavy caseload inside the same system, which is why Marines serious about winning bring in their own counsel.

UCMJ Charges We Defend at MCAS Beaufort

The charges below are the ones we see most often at Beaufort, not the only ones we defend. If you are facing a different UCMJ allegation, we handle that too.

Sexual Assault and Sex Offenses (UCMJ Article 120 / Article 134). These allegations route to an independent Special Trial Counsel now, and the command treats a report as established before the investigation is finished, all the more so in a tight squadron where word of an allegation travels fast. These cases demand counsel who will run an independent investigation and contest the case rather than let the allegation stand in for proof, because a conviction can mean confinement and a federal record, with registration required for a covered sex offense under the applicable federal and state law.

Domestic Violence and Assault (UCMJ Articles 128b and 128). Domestic violence under Article 128b is charged as aggressively as any offense in the UCMJ since the Office of Special Trial Counsel took these cases over. It covers a spouse, an intimate partner, or a family member, and it treats strangulation or suffocation as its own charge that the government can bring even with no visible injury. A qualifying conviction also triggers the federal Lautenberg firearms bar, which can end a Marine's career because a Marine has to be able to carry a weapon. We also defend assault under Article 128, the usual charge when a night out in Beaufort or Savannah ends in a fight, where self defense is a recognized defense.

Larceny and Government Property (UCMJ Articles 121 and 108). A fighter station is issued and signs for a great deal of aircraft parts, tools, and controlled equipment, and accountability is taken seriously. The government treats missing gear, an item that cannot be reconciled, or property that walked off as larceny under Article 121 or wrongful disposition of military property under Article 108, but a shortage on an inventory is not the same as theft, and the government still has to prove the state of mind required by the charged offense: intent for larceny or fraud, or negligence where Article 108 permits it, not just that something cannot be found.

Drugs and Off Duty Conduct (UCMJ Articles 112a and 134). Drug cases often turn on the chain of custody and the government's burden to prove any use was knowing and wrongful. Marijuana is fully illegal in South Carolina, so a positive test can support an Article 112a allegation, and the underlying conduct can also create state-law exposure if the evidence establishes the applicable state offense, and for an aviator a drug allegation can trigger a suspension of flying duties and a separate review of flight status. A positive test is evidence the government may use to argue knowing, wrongful use, not an automatic finding of guilt, so the collection, the chain of custody, and whether any use was knowing all remain the government's to prove.

A Career and a Reputation Worth Defending

We do not pretend that every Marine who calls us from Beaufort is innocent. What matters is how serious the case is, not your rank. If a matter is genuinely minor, the Defense Services Organization can handle it, and we will tell you so honestly. But when the case is serious, everything is on the line at once: your career, your wings if you fly, your good name, and your freedom. A court martial conviction is a federal criminal conviction, and the applicable sentencing parameters tie a confinement range to the offense, two and a half to ten years for sexual assault and ten to twenty for rape, that a judge can depart from only by stating specific facts in writing, on top of any required or adjudged punitive discharge and, on a covered sex offense, sex offender registration. That is why you fight. The court’s jurisdiction and the convicted offense determine which sentencing rules apply; some offenses use separate sentencing criteria rather than these ranges.

If you are facing an investigation or court martial at MCAS Beaufort, reach out for a free, confidential strategy session. We will tell you exactly what you are facing and how we would defend it. The government is already building its case. The only question is whether anyone is building yours.

Get Free Case Evaluation

FAQ

NCIS wants to interview me at Beaufort. Do I have to talk to them?
No. Under Article 31b of the UCMJ you have the right to remain silent and to a lawyer, and you can invoke both before the interview begins. NCIS is gathering evidence, not offering a chance to explain, and a statement can drive both the criminal case and an action against your flying status. Decline, ask for the Defense Services Organization or your own lawyer, and say nothing until you have one.

I fly the F-35B at Beaufort. If I beat the charge, can I still lose my wings?
Yes, because a Marine Corps flight performance or flight status review is a separate proceeding on a lower standard than a conviction. You can win the court martial and still lose flying status, or your aeronautical designation, if the board side is not fought, and that is true whether you are a student in the Fleet Replacement Squadron or flying with an operational squadron. That is why the underlying allegation has to be defended on both fronts from the start, and we handle the criminal case and the board together.

I'm under an Article 120 investigation. Will I have to register as a sex offender if I'm convicted?
A court martial conviction for a covered Article 120 offense triggers registration duties under the applicable federal and state law, with requirements and duration determined by the covered conviction and jurisdiction. The entire defense is aimed at defeating the charge or reducing it to an offense that carries no registration, and the investigation and the charging decision are where these cases are most often turned. Get your own counsel involved before you ever sit down with NCIS.

If you are reading this review, you are likely in serious legal trouble in the military. … Look no further because Tim Bilecki and Ben Gold are the best military attorneys in the market. The best decision I ever made, and we won my case, but either way, from start to finish, I never felt like they took me, my case, or my money for granted.

Ed A.

Ed A.

Read the full testimonial

Prior results do not predict future outcomes. A prospective client may not obtain the same or similar results.