Article 122 UCMJ – Robbery – Military Defense Lawyers
UCMJ Military Defense Guide by Gonzalez & Waddington
Article 122 of the Uniform Code of Military Justice criminalizes robbery, defined as the wrongful taking of property from another person or in their presence, against their will, by means of force, violence, or intimidation. It is one of the most serious offenses under the UCMJ, often carrying penalties comparable to aggravated assault, burglary, or even attempted murder depending on the severity and circumstances.
Robbery cases in the military typically arise from alcohol-fueled confrontations, barracks disputes, relationship drama, misunderstandings during social gatherings, financial disagreements, accusations during fistfights, and Florida nightlife incidents. Many allegations originate from arguments that escalate when one person claims another “stole” something during the fight—even when the accused merely defended themselves or retrieved their own property.
Florida bases such as NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, MacDill, Patrick Space Force Base, NAS Key West, and Coast Guard Sectors frequently see Article 122 allegations tied to bar fights, drunken misunderstandings, accusations during domestic disputes, and property conflicts in barracks or shared housing.
Gonzalez & Waddington has defended service members worldwide in robbery and violent-offense cases. We specialize in breaking down unreliable witness testimony, exposing false or exaggerated claims, analyzing forensic inconsistencies, and using cross-examination to reveal the truth behind chaotic or alcohol-fueled situations.
What Article 122 Criminalizes
Article 122 defines robbery as:
- Taking property from another person or in their presence
- Against their will
- Using force, violence, or intimidation
- With intent to permanently or temporarily deprive
Robbery is not the same as simple theft or larceny. It requires force or intimidation. This can include:
- Pushing, grabbing, or hitting someone
- Threatening them verbally
- Implying physical harm
- Showing or referencing a weapon
- Snatching property during a physical altercation
Many servicemembers are falsely accused of robbery when they were actually grabbing their own belongings, defending themselves, or involved in a fight that had nothing to do with theft.
Elements the Government Must Prove
To convict under Article 122, prosecutors must prove the accused:
1. Took Property
The accused allegedly took possession of an item belonging to someone else.
2. The Property Was Taken From a Person or Their Presence
Theft from a table, pocket, hand, or backpack qualifies.
3. Against Their Will
Meaning no consent was given.
4. By Using Force, Violence, or Intimidation
Prosecutors often struggle to prove this first-hand.
5. With Intent to Steal
Intent is key — many alleged “robberies” actually involve retrieving one’s own property or actions without criminal motive.
Maximum Punishments Under Article 122
Robbery is a very serious felony under the UCMJ, with possible punishments including:
- Dishonorable discharge
- Confinement up to 15 years
- Total forfeitures
- Reduction to E-1
- Loss of retirement benefits
- Permanent criminal record
If a dangerous weapon was used or displayed, penalties increase and can exceed life imprisonment in extreme cases.
Why Article 122 Allegations Are Common in Florida
Florida produces a high rate of robbery-related military accusations due to:
- Bar fights and nightlife clashes (Jacksonville Beach, Miami, Tampa, Pensacola)
- Heavy alcohol culture impacting memory and perception
- Barracks conflicts involving property disputes
- Domestic disputes where partners accuse each other of “stealing” items
- Roommate theft accusations blown out of proportion
- Tourist vs. servicemember misunderstandings
- Phone grabbing disputes (perceived as robbery)
- Wallet or purse disputes after drinking
Most Article 122 cases emerge from chaotic, intoxicated situations involving unreliable witnesses and distorted recollections.
Common Real-World Article 122 Scenarios
1. Bar Fight “Robbery” Accusations
One person grabs another’s phone or wallet during a fight, often in self-defense or to prevent further violence.
2. Domestic or Relationship Conflicts
Partners accuse each other of “stealing” phones, keys, IDs, or wallets during arguments.
3. Drunk Misinterpretation
Alcohol causes witnesses to misremember who took what or why.
4. Retrieving One’s Own Property
Service members often take back items they own — not criminal.
5. Group Altercations
Confusion leads to false reports of “robbery” when no theft occurred.
6. Intimidation Without Intent
Raised voices, gestures, or anger misconstrued as “robbery by intimidation.”
7. 3rd-Party Theft During a Fight
An unrelated person steals an item during a brawl and blames the accused.
8. Barracks “Borrowing” and Rumor Escalation
Common among young service members sharing housing.
How Article 122 Investigations Work
Investigations typically involve:
- NCIS
- OSI
- CID
- CGIS
- Local Florida law enforcement (often the origin of initial reports)
- Command-directed inquiries
Common Investigation Weaknesses
- No physical evidence
- Contradictory witness statements
- Accusers motivated by revenge or embarrassment
- Bodycam footage contradicting civilian claims
- Alcohol-induced memory distortions
- Failure to determine ownership of property
- Failure to consider self-defense
- No forensic fingerprints or usable evidence
Defense Strategies for Article 122 Robbery Cases
1. Prove Lack of Criminal Intent
- Accused was retrieving their own property
- No intent to permanently deprive
- Drunken confusion
2. Attack the “Force” or “Intimidation” Element
Many such allegations arise from mutual fights or defensive actions.
3. Challenge Witness Credibility
- Witness intoxication
- Contradictions
- Motive to lie
4. Prove Ownership of the Property
Many accused simply took what was theirs.
5. Present Alternative Explanations
- 3rd-party theft
- Items misplaced, not stolen
- Accidental possession
6. Florida-Specific Defense Factors
- Alcohol-heavy environments
- Tourist interactions
- Barracks roommates spreading rumors
- Nightlife vs. reality conflicts
7. Use Surveillance & Digital Evidence
Bodycams, doorbell cameras, and cellphone videos often undermine robbery allegations.
Pro Tips for Anyone Accused Under Article 122
- Do NOT make statements to NCIS/OSI/CID/CGIS.
- Do not apologize—this may be twisted as a confession.
- Preserve all video and digital evidence.
- Get witness statements quickly.
- Do not discuss the incident with peers.
- Save all texts/messages from alleged victims.
- Avoid all contact with accusers.
- Hire a civilian defense lawyer immediately.
Related UCMJ Articles
- UCMJ Article Hub
- Article 121 – Larceny
- Article 128 – Assault
- Article 127 – Extortion
- Article 131b – Obstruction of Justice
Article 122 UCMJ – Frequently Asked Questions
Is robbery the same as larceny under the UCMJ?
No. Larceny involves theft without force; robbery requires force, violence, or intimidation. Many robbery allegations are actually simple larcenies or misunderstandings, making them much easier to defend.
What if the alleged victim was drunk or confused?
Alcohol drastically reduces witness reliability. In Florida, most robbery cases involve intoxicated parties whose memories are incomplete, conflicting, or false. We destroy these cases under cross-examination.
Can I be convicted if I was only defending myself?
No. Self-defense is a complete defense to robbery if the contact or “force” was defensive rather than intentional theft.
What if the property was actually mine?
Taking your own property cannot be robbery. We often win cases by proving ownership or showing the accused was retrieving their own belongings.
Why hire Gonzalez & Waddington?
We have decades of global experience defending violent UCMJ cases, including robberies arising from chaos, drunken fights, domestic disputes, and Florida nightlife incidents. We dismantle weak evidence, expose unreliable witnesses, and build winning defense narratives.
Final Takeaways
Article 122 robbery allegations frequently arise from chaos, confusion, drunken mistakes, or false accusations. Many cases collapse once video evidence, witness credibility, and forensic facts are properly examined. With the right defense strategy, most robbery cases can be significantly reduced—or defeated entirely.
Your silence protects you.
Your lawyer defends you.
Your strategy saves your freedom.