Military Charges and What Is Larceny and Fraud

The military charges of larceny and fraud often go hand-in-hand. But what is larceny and fraud? Larceny is wrongful taking or theft and fraud typically involves false paperwork. When fraudulent paperwork is filed with the intent to wrongfully take something, it becomes larceny and fraud.

Get to Know the Basics About UCMJ Larceny and Fraud

The USMJ prohibits larceny and fraud as defined in Article 121. This includes wrongful taking, theft, withholding and more. The sentence is enhanced when the property is military property and when it has a value that exceeds $500. Additionally, the UCMJ does not permit acts of fraud committed against the United States.

Filing False Paperwork

A military member who files false paperwork could face charges of larceny and fraud. Often these allegations involve the Basic Allowance for Housing (BAH), the entitle for housing which can also help support dependent family members who are in a different geographic area.

Larceny Cases

There are also typically larceny cases that may arise for military members. Usually, these involve when people who are entrusted with custody and care of military property. For example, a military member could be accused of failure to maintain accountability for the property they are supposed to be taking care of.

Paper Cases

Because the evidence of larceny and fraud is, in many instances, based on documentation, they are sometimes called paper cases. Documents must be deemed to be reliable to support the allegations of larceny and fraud, as this is what makes them admissible. If a military member is facing charges of larceny and fraud, objections need to be made at the right time.

Service members charged with larceny and fraud should hire an experienced attorney. Sentences can vary and it makes sense to consult with an attorney who understands the UCMJ and how to properly defend you against these charges for the best possible outcome.

Law Office of Jocelyn C. Stewart
1201 Pacific Avenue #600
Tacoma, WA 98402
(253)  212-9582

The Sensitive Nature of Military Sexual Assault Cases

The sensitive nature of military sexual assault cases makes the situation difficult for the accused, which is compounded if the person is innocent. There is no time like the present to protect your rights. Work with a former military special victim prosecutor who is well aware of these laws and how they work.

UCMJ Goal: Increase Sexual Prosecutions

Dating back to 2007, the UCMJ added amendments with the ultimate goal of increasing sexual prosecution. As a result of this overhaul, the number of sexual offense based crimes increased five times over. Article 120 was again revised by the President in 2012. The bottom line is it increased the number of offenses that a service member can be prosecuted for allegedly committing. For many, this becomes alarming as any body part could be included in sexual-based charges if the touch was construed as sexual.

More Amendments Lead to More Successful Prosecutions

If these updates were not enough, additional amendments were added as part of the National Defense Authorization Act. Services members faced a situation where they could not investigate the case and have restricted access to the person to alleged to be sexually assaulted. This continued to increase the number of successful prosecutions for sexual assault. The goal appears to be to convict anyone accused of sexual assault, even if the soldier has a stellar record and the allegations are ridiculous. The ramifications can be alarming, especially since commanders wonder if they will lose their careers unless every allegation is taken to court.

Protect Your Legal Rights

Regardless of how frivolous the allegation is, your military career and reputation are on the line and you could face serious penalties. It is imperative to hire an attorney rather than relying on hope or the fact that you are innocent. An attorney will work hard for the best possible outcome. Otherwise, a military member could lose his or her job, benefits, right to bear arms, liberty, and even be unable to live where they want.

Law Office of Jocelyn C. Stewart
1201 Pacific Avenue #600
Tacoma, WA 98402
(253) 212-9582

Dealing with Drug Charges in the Military

Facing military drug charges can be stressful with feelings of being unsure about the future. Drug use is prohibited by the UCMJ including wrongful possession and illicit use as well as introducing drugs onto a military installation. Command policies may prohibit the use of new substances and possession of drug paraphernalia. The most common military drug charge is wrongful possession.

A Positive Urinalysis

While there are several types of drug charges, typically a urinalysis is done to determine if it is a case of wrongful use. In many cases, the proof of these charges is a positive urinalysis. If this is the only proof of wrongful drug use, it is referred to as “naked.” This means there is only the lab test to prove it. Appellate opinions now require the prosecution to find more witnesses than in the past. As a result, case law has been developed that requires the expertise and knowledge of a UCMJ defender who knows what objections to make. It is also important to hire an attorney who understands the urinalysis system in the military.

Tireless Defense

A dedicated attorney will review the applicable case law and determine areas that could cause rise to objections. This can include testing the reliability of the materials used to conduct the lab tests and more. It is a rare case when the prosecution has both positive lab tests and eyewitnesses who saw the person using drugs. A defense attorney can also search for bias evidence. Finding the right paperwork and timing to ensure the prosecution is caught off guard are potential ways an attorney can help defend a military member against these charges, which are often handled by non-judicial punishment. Despite this fact, it is imperative to hire a seasoned attorney to represent your legal interests and protect your military career, benefits, and future. There are risks associated with a federal conviction.

A military member facing drug charges needs to have a knowledgeable advocate. Consult with an attorney who understands the UCMJ as well as the various aspects of defending a military member accused of drug use or possession.

Law Office of Jocelyn C. Stewart
1201 Pacific Avenue #600
Tacoma, WA 98402
(253) 212-9582

Basics About the UCMJ

People in the military recognize the letters "UCMJ." This refer to the Uniform Code of Military Justice. Military members are expected to know the basics about the UCMJ and follow these codes throughout their military careers. Infractions can lead to circumstances ranging from disciplinary actions to incarceration and loss of your military career, depending on the charges and outcome.

What is the UCMJ?

The UCMJ is what governs military justice. This federal law was enacted by Congress. Criminal offenses are outlined under the UCMJ. The rules and regulations are written by the President of the USA as the commander-in-chief of the Armed Forces.

What are Military Court-Martials?

The most serious sanctions under military law are referred to as court-martials. The levels of court martials include general, special and summary. Those who face this conviction recognize it is just like a federal conviction. The punishments may include punitive discharge, fine, losing rank and spending time in jail. A dishonorable discharge could mean losing military benefits.

What is Article 15?

Article 15 UCMJ proceedings are referred to as nonjudicial punishment in the military. Rather than facing court-martial proceedings, the commanding officer is considered to be the judge and jury. The end result is not a criminal record but the punishments can have a negative impact on a person's military career, future, and benefits.

Facing Charges in the Military

If a military member faces court-martial or Article 15 charges, it is important to get legal advice. Failure to answer can be disastrous as well as failing to file papers properly and know the right procedures for submission. An experienced attorney who knows the UCMJ can provide advice and represent military members in all types of proceedings.

Military members work hard and it can be stressful to face charges in the military. Working with an educated attorney helps to ensure the best possible outcome.

Law Office of Jocelyn C. Stewart
1201 Pacific Avenue #600
Tacoma, WA 98402
(253) 212-9582

Four Reasons to Hire a Military Defense Attorney

People who join the military look forward to a solid career with all the benefits associated with serving your country. If a military member faces charges, this can all be disrupted. These charges may include sexual harassment, drug charges, larceny and fraud, and others. Consider four reasons to hire a military defense attorney rather than trying to represent yourself in these sensitive matters.

1. A UCMJ Defender Knows the Law

An experienced UCMJ defender knows the details of the Uniform Code of Military Justice and how it works. These complex laws can determine your future and freedom. Nobody know the law better than an attorney who has studied it and defended others in the military. Time is of the essence in these matters. Whether you are facing court-martial or non-judicial punishment, immediately seek the advice of a seasoned attorney.

2. Your Future Matters

After putting time into military service, everything you worked for could be on the line. You can face be discharged, pay fines, have criminal charges, or even land in jail. If you are dishonorably discharged, you can lose your military benefits. Your future matters and an attorney can help you protect it for the best possible ending.

3. Procedures Must be Followed

Nobody wants to face serious charges because they failed to follow the necessary procedures. An attorney knows these procedures and can handle paperwork, negotiations, and more on your behalf.

4. Defending Your Innocence

Whether you are guilty or innocent, your legal rights should be protected. For those who are innocent, facing charges can be the most stressful time in their lives. An attorney helps you through these difficult days and helps to prove your case.

Law Office of Jocelyn C. Stewart
1201 Pacific Avenue #600
Tacoma, WA 98402
(253) 212-9582

About the Law Office of Jocelyn C. Stewart

Jocelyn C. Stewart is a military and defense attorney and former service member. The Law Office of Jocelyn C. Stewart works exclusively on military cases and assists in areas of the UCMJ.

The attorney is fully committed to each case she chooses to take. Areas of law include larceny and fraud cases, homicide cases and drug cases as well as nonjudicial punishment, sexual assault allegations and security clearance denials.

Other areas handled by the law office include upgrades to discharges, correction of military records, rebuttals to negative evaluations, rebuttals to letters of reprimand and administrative separation boards.

The Law Office of Jocelyn C. Stewart provides outstanding court-martial defense.

Law Office of Jocelyn C. Stewart 
1201 Pacific Avenue #600
Tacoma, WA 98402
(253) 212-9582