If you are a military member and have recently been charged with unlawful entry, it is important to know what constitutes an unlawful entry charge and what your options are.
This charge can lead to serious consequences, especially if you don’t have the right attorney defending you. Make sure you hire a lawyer who has extensive experience in military law as soon as possible so that you give your case the best possible chance at a favorable outcome.
Unlawful Entry Defined
According to Article 134 of the Uniform Code of Military Justice (UCMJ), a service member can be found guilty of unlawful entry if he or she entered the property of another person without consent. There are a few different elements that make up an unlawful entry charge, including:
- The service member entered the property of another person
- The service member’s entry into the property was unlawful
- In these circumstances, the service member’s conduct was against the discipline in the armed forces or the nature of the act brought discredit to the armed forces.
Difference Between Unlawful Entry and Burglary
The main difference between unlawful entry and or house breaking is criminal intent. Unlawful entry does not have any criminal intention; otherwise it would become a burglary or house breaking charge.
Another difference is the jail time involved with the crimes. The maximum prison time for burglary is 10 years; for house breaking it is five years, and for unlawful entry it is six months.
Possible Consequences of Unlawful Entry
In addition to having a maximum prison time of six months, a service member who is found guilty of unlawful entry can also be punished with a bad conduct discharge, and forfeiture of any pay or allowances.
Defending Your Case
An unlawful entry charge can cause a lot of stress already. The last thing you want to worry about is whether your attorney is experienced enough to handle your case successfully.
At The Law Offices of Garrison Wood, we specialize in military defense and have successfully handled cases similar to yours. We can help guide you throughout the entire process, advocating for you and your future at every step of the way. Contact us right away to schedule a free review of your case.
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