Article 129 UCMJ – Burglary – Military Defense Lawyers
UCMJ Military Defense Guide by Gonzalez & Waddington
Article 129 of the Uniform Code of Military Justice criminalizes burglary, defined as the unlawful breaking and entering of the dwelling house of another, in the nighttime, with the intent to commit a criminal offense inside. Although rooted in historical burglary laws, Article 129 extends to modern scenarios involving barracks rooms, off-base apartments, on-base housing, vehicles used as dwellings, and any location where a person sleeps or resides.
Burglaries involving military service members often arise from barracks misunderstandings, roommate conflicts, relationship breakups, intoxication, key-sharing disputes, entering the wrong residence after drinking, attempts to retrieve one’s own property, or domestic incidents. Many Article 129 charges stem from emotional accusations rather than true criminal intent.
Florida bases—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick SFB, MacDill, NSA Panama City, and NAS Key West—see frequent burglary charges due to nightlife culture, high-density off-base housing, barracks living conditions, alcohol use, and the state’s transient military population.
Gonzalez & Waddington defends military clients worldwide in burglary, housebreaking, property crimes, and violent entry allegations. We dismantle weak cases using forensic evidence, timeline reconstruction, digital analysis, and strategic cross-examination that exposes exaggeration and misunderstanding.
What Article 129 Criminalizes
To commit burglary under Article 129, a service member must:
- Break and enter (or enter without permission)
- The dwelling of another
- At nighttime
- With intent to commit a criminal offense inside
Each of these elements carries highly specific legal definitions. Many prosecutors stretch them beyond their proper scope.
Key Definitions Under Article 129
1. “Breaking”
Breaking does not require using force or damaging property. Examples include:
- Opening an unlocked door
- Entering through a half-open window
- Using a previously shared key
- Gently pushing a door that is ajar
- Lifting a latch
2. “Dwelling House”
Includes:
- Barracks rooms
- On-base housing
- Off-base apartments
- Boats used for sleeping
- Temporary lodging facilities
- Hotel rooms
3. “Nighttime”
Traditionally means between sunset and sunrise, though interpretations vary.
4. “Intent to Commit a Criminal Offense Inside”
The intent element is the most contested part of Article 129. Common alleged intents include:
- Assault
- Theft
- Domestic violence
- Fraternization-related misconduct
- Sexual misconduct
- Retrieving property illegally
Without proving intent, prosecutors cannot convict a service member of burglary—even if the entry was unauthorized.
Elements of Article 129
To convict under Article 129, the government must prove:
1. The Accused Broke and Entered
This can include minimal, non-forceful acts.
2. The Structure Was a Dwelling
A place where a person resides or sleeps.
3. The Entry Occurred at Nighttime
An important technical requirement.
4. The Accused Intended to Commit a Criminal Offense Inside
Intent must exist before or at the time of entry. Intent formed after entry is NOT burglary.
Maximum Punishments Under Article 129
Burglary is among the most serious property crimes under military law. Punishments include:
- Dishonorable discharge
- Confinement up to 20 years
- Total forfeitures
- Reduction to E-1
- Permanent criminal record
- Loss of retirement benefits
Aggravated cases—such as entries with a weapon or during violent incidents—can increase confinement significantly.
Why Article 129 Allegations Are Common in Florida
Florida produces a high volume of burglary allegations due to:
- Alcohol-driven misunderstandings
- Civilian–military relationship conflict
- High-density off-base housing
- Visiting friends’ apartments or barracks late at night
- Entering the wrong room after drinking
- Breakups and domestic disputes where one partner accuses the other of “breaking in”
- Shared keys or access codes creating confusion
- Visiting ex-partners uninvited
- Barracks room parties involving entry into the wrong space
Most Florida Article 129 cases involve no intent to commit a crime, no real “breaking,” and no malicious entry.
Common Real-World Article 129 Scenarios
1. Entering the Wrong Room While Intoxicated
One of the most common scenarios. Drunken misnavigation is NOT burglary.
2. Returning to Retrieve Personal Property
Taking back one’s own belongings is often misinterpreted as attempted theft.
3. Domestic Disputes
Partners claim the accused “broke in” during arguments—even when they had shared keys or prior permission.
4. Using a Previously Valid Key or Code
Many cases involve entry with old access credentials.
5. Barracks or Shared Housing Confusion
Multiple identical doors result in accidental entry.
6. Roommate Conflict
Accused enters shared space; roommate calls it “burglary.”
7. Jealous or Vengeful Accusers
Common in breakups or relationships turned hostile.
8. Attempting to Check on an Intoxicated Friend
Good-faith actions misinterpreted as “breaking and entering.”
9. Civilian Police Overcharging
Florida police often charge burglary automatically in domestic cases.
10. Entering a Vehicle Someone Was Sleeping In
Cars used as temporary dwellings count under Article 129.
How Article 129 Investigations Work
Investigations typically involve:
- NCIS
- CID
- OSI
- CGIS
- Florida local police
- Barracks managers or housing offices
Common Investigative Failures
- Assuming forced entry where none occurred
- No forensic examination of locks or doors
- No confirmation of key/code access history
- Witness intoxication ignored
- No verification of relationship dynamics
- Failure to analyze digital evidence (texts, DMs, calls)
- Jumping to conclusions during emotional disputes
Defense Strategies for Article 129 Cases
1. Attack the “Breaking” Element
Opening an unlocked door or using a previously shared key is NOT burglary.
2. Destroy the “Intent to Commit a Crime Inside” Element
Intent must exist BEFORE entry. Many cases lack any such intent.
3. Show Consent or Prior Permission
- Shared living spaces
- Invitations earlier in the evening
- Text messages showing welcome
4. Show the Entry Was Accidental
This is extremely common in Florida where alcohol and identical apartment layouts contribute heavily to confusion.
5. Florida-Specific Defense Tactics
- Blurry memories from alcohol consumption
- Tourist-heavy nightlife creating identification mistakes
- Civilian witnesses misinterpreting rowdy but harmless behavior
6. Present an Alternative Narrative
We rebuild the timeline using digital forensics and witness testimony.
7. Challenge Every Element Forensically
Door, window, lock, and access analysis often destroys the prosecution’s case.
Pro Tips for Anyone Accused Under Article 129
- Do NOT talk to investigators.
- Preserve all texts, messages, and location data.
- Avoid contacting the alleged victim.
- Write a private timeline immediately.
- Collect witness names as soon as possible.
- Do not make statements to civilian police.
- Say nothing without a lawyer present.
- Hire a civilian defense lawyer immediately.
Related UCMJ Articles
- UCMJ Article Hub
- Article 130 – Housebreaking
- Article 121 – Larceny
- Article 122 – Robbery
- Article 109 – Destruction of Private Property
Article 129 UCMJ – Frequently Asked Questions
Can entering the wrong barracks room be considered burglary?
No—not unless the government proves you intended to commit a crime inside. Accidental entry is NOT burglary, and this is one of the most defensible scenarios under Article 129.
Can burglary be charged in a domestic dispute?
Yes, and it often is—wrongfully. Burglary is frequently overcharged when a partner claims the service member “broke in,” even when they had a key or prior permission.
Do I have to “break” something to be guilty?
No. “Breaking” includes pushing open an unlocked door. However, prosecutors still must prove you intended to commit a crime inside—which is very difficult in most cases.
Can burglary be based solely on someone’s accusation?
Yes, but these cases are weak. Witness intoxication, jealousy, confusion, and revenge motives often lead to exaggerated claims. We routinely destroy such cases in court.
Why hire Gonzalez & Waddington?
We are internationally recognized military defense lawyers with decades of experience defeating burglary, housebreaking, and property-crime allegations. We reconstruct timelines, expose false allegations, and build powerful defense narratives that win trials.
Final Takeaways
Article 129 burglary is one of the most overcharged offenses in military law. Most cases arise from misunderstandings, intoxicated confusion, domestic disputes, or accidental entry—not criminal intent. With expert legal strategy, digital forensics, and aggressive cross-examination, many burglary allegations can be reduced or defeated entirely.
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