A 173rd Airborne Brigade Soldier is facing a court martial for destruction of government property and making a false official statement. His Article 32 hearing was recently completed by the Army. If convicted, the Soldier could face up to 15 years in confinement. The destruction of government property offense stems from an airborne drop where…
Fraternization – Article 134
Wrongful fraternization is more easily described than defined. Usually, some other criminal offense is involved when an officer or enlisted member is tried for this offense. Whatever the nature of the relationship, each case is clearly decided on its own merits with an examination of the surrounding circumstances rather than focusing on the act itself….
Larceny Offense Under Article 121
Larceny is an offense under Article 121 of the Uniform Code of Military Justice. It is an offense that must involve tangible personal property. Article 121 lists the objects which can be the subject of larceny as “any money, personal property, or article of value of any kind.” Intangible items cannot be the subject of…
False Official Statement Offense
False Official Statement: The purpose of Article 107 is to protect governmental departments and agencies from the impact of deceptive practices. A physical act or nonverbal conduct intended by a Soldier as an assertion is a “statement” that may form the basis for a charge of making a false official statement under Article 107. Formerly,…
Abusive Sexual Contact Offense
Abusive Sexual Contact is an offense under Article 120(d). If you are charged with this offense, it is important that you understand the charge and how your military or civilian defense counsel should defend you. If you look on your charge sheet, you should see a charge with a specification alleging the abusive sexual contact offense. The…
Inappropriate Relationship
The government typically charges a Soldier with entering into an inappropriate relationship when there was, in fact, no relationship. The problem stems from a fundamental misunderstanding by the government as to what it required in order to actually enter into an inappropriate relationship under the regulation. The Army Court of Criminal Appeals has repeatedly held that…
Spice Use
Spice, also commonly referred to as K2, Funky Green Stuff, or Black Magic Smoke, is an herbal and chemical product which when taken by an individual mimics the effects of cannabis. The synthetic cannabis is generally sold in head shops. Normally it is sold as a potpourri with a warning that it is not for…