Military Robbery, Burglary, Bribery, Graft, Extortion and Other Military Theft and Fraud Related Cases – Military Defense Lawyer

Robbery, Burglary, Bribery, Graft, Extortion and Other Military Theft and Fraud Related Cases Can be Very Serious and Can Threaten Your Military Career and Future.

When military members are accused of theft and fraud related crimes, they can face a variety of military adverse actions and disciplinary actions, to include court-martial trial. If you are a military member facing these 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 has handled military theft and fraud related cases for more than three decades. 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 these military criminal claims.

The main webpage for Military Larceny, Fraud and Wrongful Appropriation offenses can be found here: (Military Larceny Cases) However, there are other serious military cases involving theft and fraud claims under the Uniform Code of Military Justice.

Military Robbery Cases (UCMJ Article 122)

Military robbery allegations are charged under Uniform Code of Military Justice (UCMJ) Article 122. This military offense covers the following:

A military member who takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery. So, robbery requires not just taking something of value, but doing so through use of force, use of violence, or through creating fear of injury to the victim or someone close to the victim. The maximum sentence for robbery includes a prison term of 10 years, but if the robbery is committed using a dangerous weapon, the maximum potential sentence is increased to 15 years.

Military Receiving Stolen Property Cases (UCMJ Article 122a)

Military receiving stolen property allegations are charged under Uniform Code of Military Justice (UCMJ) Article 122a. This military offense covers the following:

A military member who wrongfully receives, buys, or conceals stolen property, knowing the property to be stolen property. So, this offense requires that the accused military member actually knows that the property at issue was stolen. The maximum potential sentence is impacted by whether the value of the stolen property is more or less than $1000.

Military Bribery Cases (UCMJ Article 124a)

Military bribery allegations are charged under Uniform Code of Military Justice (UCMJ) Article 124a. This military offense covers asking and receiving something of value or promising or offering something of value, specifically:

(1) ASKING, ACCEPTING, OR RECEIVING THING OF VALUE — A military member who occupies an official position or who has official duties; and who wrongfully asks, accepts, or receives a thing of value with the intent to have the person’s decision or action influenced with respect to an official matter in which the United States is interested; or

(2) PROMISING, OFFERING, OR GIVING THING OF VALUE — A military member who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, with the intent to influence the decision or action of the other person with respect to an official matter in which the United States is interested.

Military Graft Cases (UCMJ Article 124b)

Military graft allegations are charged under Uniform Code of Military Justice (UCMJ) Article 124b. Just like military bribery allegations, military graft allegations cover asking and receiving something of value or promising or offering something of value, specifically:

(1) ASKING, ACCEPTING, OR RECEIVING THING OF VALUE — A military member who occupies an official position or who has official duties; and who wrongfully asks, accepts, or receives a thing of value as compensation for or in recognition of services rendered or to be rendered by the person with respect to an official matter in which the United States is interested; or

(2) PROMISING, OFFERING, OR GIVING THING OF VALUE — A military member who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, as compensation for or in recognition of services rendered or to be rendered by the other person with respect to an official matter in which the United States is interested.

Graft does not require an intent to influence or be influenced in an official matter. Graft involves compensation for services performed in an official matter when no compensation is due.

Military Extortion Cases (UCMJ Article 127)

Military extortion allegations are charged under Uniform Code of Military Justice (UCMJ) Article 127. This military offense covers the following:

A military member who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance (release or discharge from an obligation), advantage, or immunity. The threat involved may be communicated by any means but must be received by the intended victim. That threat may be: a threat to do any unlawful injury to the person or property of the person threatened or to any member of that person’s family or any other person held dear to that person; a threat to accuse the person threatened, or any member of that person’s family or any other person held dear to that person, of any crime; a threat to expose or impute any deformity or disgrace to the person threatened or to any member of that person’s family or any other person held dear to that person; a threat to expose any secret affecting the person threatened or any member of that person’s family or any other person held dear to that person; or a threat to do any other harm.

Military Burglary; Unlawful Entry Cases (UCMJ Article 129)

Military burglary and unlawful entry allegations are charged under Uniform Code of Military Justice (UCMJ) Article 129. This military offense covers the following:

(1) BURGLARY — A military member who, with intent to commit an offense under this chapter, breaks and enters the building or structure of another.

(2) UNLAWFUL ENTRY — A military member who unlawfully enters the real property of another; or the personal property of another which amounts to a structure usually used for habitation
or storage.

So, this article of the UCMJ combines and consolidates the crimes of burglary, housebreaking, and unlawful entry. There is no requirement that an accused break and enter in the nighttime or that the structure entered constitute the dwelling house of another to commit the offense of burglary.

Moreover, there must be a breaking, actual or constructive. Merely entering through a hole left in the wall or roof or through an open window or door will not constitute a breaking; but if a person moves any obstruction to entry of the house without which movement the person could not have entered, the person has committed a breaking. Opening a closed door or window or other similar fixture, opening wider a door or window already partly open but insufficient for the entry, or cutting out the glass of a window or the netting of a screen is a sufficient breaking. The breaking of an inner door by one who has entered the house without breaking, or by a person lawfully within the house who has no authority to enter the particular room, is a sufficient breaking, but unless such a breaking is followed by an entry into the particular room with the requisite intent, burglary is not committed.

There is a constructive breaking when the entry is gained by a trick, such as concealing oneself in a box; under false pretense, such as impersonating a gas or telephone inspector; by intimidating the occupants through violence or threats into opening the door; through collusion with a confederate, an occupant of the house; or by descending a chimney, even if only a partial descent is made and no room is entered.

Mail Matter: Wrongfully Taking, Opening, etc. (UCMJ Article 109a)

Military theft or opening of mail allegations are charged under Uniform Code of Military Justice (UCMJ) Article 109a. This military offense covers the following:

(1) TAKING — A military member who, with the intent to obstruct the correspondence of, or to pry into the business or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivered to or received by the addressee; or

(2) OPENING, SECRETING, DESTROYING, STEALING — A military member who wrongfully opens, secretes, destroys, or steals mail matter before the mail matter is delivered to or received by the addressee.

These offenses are intended to protect the mail and mail system. “Mail matter” means any matter deposited in a postal system of any government or any authorized depository thereof or in official mail channels of the United States or an agency thereof including the armed forces. The value of the mail matter is not an element.

Over our many years of military law practice, our civilian court-martial defense lawyers have defended numerous military cases alleging military theft and fraud related offenses. 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 types of 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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