Military Arson Allegations and Loss, Damage, Destruction of Military Property Allegations (UCMJ Articles 126 and 108) – Military Defense Lawyer

Military Arson or Military Property Damage Allegations Can be Very Serious and Can Threaten Your Military Career and Future.

When military members who are accused of arson, property damage, or other related offenses, can face a variety of military adverse actions and disciplinary actions, to include court-martial trial. If you are a military member facing these types of allegations, you need a strong military defense lawyer as your advocate. Attorney Richard V. Stevens is a civilian court-martial defense lawyer and military defense lawyer. He began handling military cases in 1995 and he has been handling military cases for over 30 years. Attorney Stevens, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of this military criminal claim.

Military Arson; Burning Property with Intent to Defraud Cases (UCMJ Article 126)

Military arson allegations are charged under Uniform Code of Military Justice (UCMJ) Article 126 and involve three possible claims – Aggravated Arson, Simple Arson, and Burning Property with Intent to Defraud. This military offense covers the following:

(a) AGGRAVATED ARSON — A military member who, willfully and maliciously, burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein, to the knowledge of that person, there is at the time a human being;
(b) SIMPLE ARSON — A military member who, willfully and maliciously, burns or sets fire to the property of another;
(c) BURNING PROPERTY WITH INTENT TO DEFRAUD — A military member who, willfully, maliciously, and with intent to defraud, burns or sets fire to any property.

Military Property of United States – Loss, Damage, Destruction Cases (UCMJ Article 108)

Military property damage allegations are charged under Uniform Code of Military Justice (UCMJ) Article 108. This military offense covers the following:

A military member who, without proper authority —
(1) sells or otherwise disposes of;
(2) willfully or through neglect damages, destroys, or loses; or
(3) willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States.

Captured of Abandoned Property Cases (UCMJ Article 108a)

Captured or abandoned property allegations are charged under Uniform Code of Military Justice (UCMJ) Article 108a. This military offense covers scenarios in which a military member is required to secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. However, a military member is subject to this allegation if he/she allegedly fails to carry out this duty or buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or (3) engages in looting or pillaging.

Property Other Than Military Property of United States — Waste, Spoilage, or Destruction Cases (UCMJ Article 109)

These allegations are charged under Uniform Code of Military Justice (UCMJ Article 109). This military offense covers allegations that a military member willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States. In other words, this allegation does not address property of the United States, that property is addressed by UCMJ Article 108)

Improperly Hazarding of Vessel or Aircraft Cases (UCMJ Article 110)

These allegations are charged under Uniform Code of Military Justice (UCMJ) Article 110. This military offense covers willful or negligent scenarios in which a military member improperly hazards a vessel or aircraft – meaning, to put the vessel or aircraft in danger of loss or injury. Actual damage to, or loss of, a vessel or aircraft of the armed forces by collision, stranding, running upon a shoal or a rock, or by any other cause, is conclusive evidence that the vessel or aircraft was hazarded but not of the fact of culpability on the part of any particular person. “Strand” means run a vessel aground so that the vessel is fast for a time.

Over our many years of military law practice, our civilian court-martial defense lawyers have defended some of these cases. Depending on the factual scenario alleged, these cases can be complicated and can be quite serious.

Handling these serious military cases requires the expertise of a skilled military defense lawyer. A military member accused of these offenses could face extreme jeopardy – possible federal criminal conviction, lengthy jail terms, dishonorable discharge or dismissal, and a variety of other legal, professional, personal, and family consequences.

An experienced and aggressive defense attorney is absolutely vital in these military cases.

Civilian court-martial defense attorney Richard V. Stevens is a civilian criminal defense attorney and former active duty military JAG lawyer who exclusively practices military law and defends military members stationed around the world who are facing military trials, discipline and investigations. If you’re facing these military allegations, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.

No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.

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