Gonzalez & Waddington – Attorneys at Law

CALL NOW 1-800-921-8607

Article 128b Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate

Note: This law applies only to Article 128b UCMJ Domestic Violence Commission of UCMJ violation against any property, including animal, with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person offenses committed on and after 1 January 2019.

What is Article 128b UCMJ Domestic Violence -Commission of UCMJ violation against any property with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person?

Article 128B Ucmj Domestic Violence Offense Against Any Property With Intent To Threaten Or IntimidateArticle 128b of the UCMJ addresses domestic violence offenses, particularly those involving acts against property with the intent to threaten or intimidate. This offense includes damaging or destroying property to instill fear or coerce a spouse, intimate partner, or family member. Penalties for such offenses can be severe, including extended confinement and a federal felony conviction.

If accused of this crime, seeking the best military defense lawyers is crucial. These lawyers understand the complexities of military law and can provide a robust defense, protecting the accused’s rights and aiming for the best possible outcome. Skilled Article 128b UCMJ Domestic Violence lawyers can scrutinize evidence, challenge procedural errors, and negotiate effectively to mitigate the impact of the charges.

Being accused of an Article 128b UCMJ offense can lead to significant consequences beyond legal penalties. A conviction can result in losing a military career, benefits, and even personal relationships. The stigma associated with such charges can also affect future employment and educational opportunities. Therefore, having a competent defense lawyer is vital to navigating these challenges and safeguarding one’s future.

In conclusion, facing charges under Article 128b UCMJ is a serious matter that requires immediate legal assistance. The best military defense lawyers can provide the necessary support and defense strategies to protect the accused’s rights and strive for a favorable outcome. Contact experienced Article 128b UCMJ Domestic Violence lawyers to discuss your case and build a strong defense if you face such allegations.

Note: The maximum and minimum punishments for Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate vary depending on the date of the offense.

Under the UCMJ, the crime of Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate falls under the general offense category of Domestic Violence. It is one of the more serious offenses under the UCMJ and carries increased punishments.

What are Article 128b UCMJ Domestic Violence Offenses?

What are the Elements of Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate?

  1. That (state the time and place alleged), the accused committed an act in violation of the Uniform Code of Military Justice, to wit: (state the alleged offense);

  2. That the accused committed the act against (state the alleged property or animal against which the offense was committed); and

  3. That the accused committed the act with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused.

What are the Maximum Punishments for Article 128b Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate?

For Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate offenses committed between 1 January 2019 and 27 December 2023:

  • Underlying offense plus 3 years of confinement. Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life
  • To calculate a sentence, take:
    • the maximum punishment for the underlying offense; then add
    • an additional 3 years of confinement (except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life).
  • Total Forfeitures
  • Reduction to E-1
  • Federal Felony Conviction

For Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate offenses committed after 27 December 2023

  • Under the Sentencing Parameters, the Offense Category for Article 128b UCMJ Domestic Violence Commission of UCMJ violation against any property, including animal, with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person is based on the underlying offense.
  • To calculate the sentence, take:
    • the maximum punishment for the underlying offense; then add
    • an additional 3 years of confinement (except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life).
  • Federal Felony Conviction
  • Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

Sample Specification for Article 128b UCMJ Domestic Violence Commission of UCMJ violation against any property, including animal, with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person

In that Sgt Debbie Borderline, US Marine Corps, I Marine Expeditionary Force, Camp Pendleton, California, on or about 6 July 2024, with the intent to threaten the spouse of the accused, commit an offense in violation of the UCMJ against any property, to wit: destroyed the 1999 Ford Mustang owned by her spouse by dousing it with gasoline and lighting it on fire.

Model Specification for Article 128b UCMJ Domestic Violence Commission of UCMJ violation against any property, including animal, with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person

In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against any property, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).

What are the Definitions for Article 128b UCMJ Domestic Violence Commission of UCMJ violation against any property, including animal, with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person?

The term “violent offense” means a violation of the following:

  1. Article 118, UCMJ,
  2. Article 119(a), UCMJ,
  3. Article 119a, UCMJ,
  4. Article 120, UCMJ,
  5. Article 120b, UCMJ,
  6. Article 122, UCMJ,
  7. Article 125, UCMJ,
  8. Article 126, UCMJ,
  9. Article 128, UCMJ,
  10. Article 128a, UCMJ,
  11. Article 130, UCMJ, or
  12. Any other offense that has an element that includes the use, attempted use, or threatened use of physical force against the person or property of another.

The term “spouse” means one’s husband or wife by lawful marriage.

Under Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate, the term “intimate partner” means either (a) one’s former spouse, a person with whom one shares a child in common, or a person with whom one cohabits or with whom one has cohabited as a spouse; or (b) a person with whom one has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Under Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate, the term “immediate family” means either (a) one’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or (b) any other person living in one’s household to whom he or she is related by blood or marriage.

“In loco parentis,” meaning “in place of a parent,” is a legal doctrine describing a relationship similar to that of a parent to a child; it refers to an individual who assumes parental status and responsibilities for another individual, usually a young person, without formally adopting that person.

“Bodily harm” under Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate, means an offensive touching of another, however slight. An infliction of bodily harm is “unlawful” if done without legal justification or excuse and without the lawful consent of the victim.

An assault in which bodily harm is inflicted is called a “battery.” A “battery” is an unlawful infliction of bodily harm to another, made with force or violence, by an intentional (or a culpably negligent) act or omission.

“Culpable negligence” under Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate is a degree of carelessness greater than simple negligence.

“Simple negligence” under Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate is the absence of due care. The law requires everyone at all times to demonstrate the care for the safety of others that a reasonably careful person would demonstrate under the same or similar circumstances; that is what “due care” means.

“Culpable negligence,” under Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate on the other hand, is a negligent (act) (or) (failure to act) accompanied by a gross, reckless, wanton, or deliberate disregard for the foreseeable results to others.

If the offense alleges that the accused committed a violent offense (Article 128b(1)) or committed an offense against the UCMJ (Article 128b(2A), Article 128b(2B)), the Military Judge must advise the members of the elements and appropriate definitions of the alleged offense, as follows. In order to establish that the accused committed the offense of (state the alleged offense), the government must prove, beyond a reasonable doubt, the following elements:

If the offense alleges that the accused intended to commit a violent offense (Article 128b(4)), the Military Judge must advise the members of the elements and appropriate definitions of the alleged offense, as follows.

Proof that the accused committed a violent offense is not required. However, the government must prove beyond a reasonable doubt that, at the time of the violation of the protection order, the accused intended every element of the offense of (state the alleged violent offense).

The government must also prove beyond a reasonable doubt that the intended offense is a violent offense.

Potential Collateral Consequences of a Conviction of Article 128b Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate and a Federal Conviction

  • Employment will be severely limited (many employers won’t hire a convict)
  • Inability to enroll in college, university, or trade school
  • Loss of GI Bill
  • Loss of military career
  • Loss of retirement benefits.
  • Loss of VA benefits.
  • Loss of medical benefits.
  • Loss of spouse, family members, and friends
  • Loss of income while in jail
  • Mental, physical suffering before and after prison
  • Ineligibility for public benefits, such as food stamps
  • Ineligibility for government-sponsored student loans and grants;
  • Restrictions on certain types of employment or occupational licenses;
  • Ineligibility to provide foster care to minor family members
  • Prohibitions on working with children
  • Loss of professional license or certification
  • Limitations on adoption or foster care

Article 128b Article 128b UCMJ Domestic Violence Offense Against Any Property With Intent To Threaten or Intimidate Military Defense Lawyers

If you are suspected or accused of Article 128b UCMJ Domestic Violence Commission of UCMJ violation against any property, including animal, with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person, speak with one of our experienced military court martial lawyers to discuss your case.

Skip to content