Article 129 Burglary
If you are a service member who has been charged with burglary, you have a lot at stake. With possible repercussions looming over your head and the stress of going through the legal process, we understand how frustrating it can be.
It’s important to secure an experienced military defense attorney right away so that you have the best chance possible at regaining your rights quickly and easily.
Burglary Defined by the UCMJ
According to Article 129 of the Uniform Code of Military Justice (UCMJ), burglary is a crime that threatens the security of any tangible possession in a dwelling and poses the risk of bodily harm to any of the inhabitants in the dwelling.
If a service member entered a residence at night with the intention of committing an offense, he or she will be charged with burglary. The person who committed the crime would be considered guilty of burglary even if the intended offense was not carried out.
There are a few different elements that make up a burglary charge, including:
- The service member broke into and entered a residence unlawfully
- The service member broke into and entered the residence during the night
- The service member intended on committing an offense by breaking in and entering the residence
The act of breaking into a residence can be actual, or constructive. Actual breaking refers to removing or damaging barriers in order to gain entry into a home, whereas constructive breaking refers to the act of gaining unlawful entry to the home by various means including threats, impersonating someone, or colluding with an ally who is a resident of the home.
Possible Consequences for Burglary
A service member who is found guilty of burglary under Article 129 of the UCMJ could face severe legal repercussions such as dishonorable discharge, forfeiture of pay and allowances, a maximum of ten years confinement, or demotion to the lowest enlisted rank, E-1.
How We Can Help
With so much at stake, you will want the best defense possible. No matter how grim your case may seem there is always hope. You will need the right defense attorney on your side to defend your good name.
Attorney Garrison A. Wood, has dealt with numerous burglary cases and has had great success on behalf of his clients. He focuses specifically on military law, so he knows exactly how to fight and win cases involving the UCMJ.
Don’t trust just anyone with your freedom. Contact us today to for a free case evaluation.