Article 120 UCMJ Burglary; Unlawful Entry – Article 129, UCMJ

Understanding Burglary and Unlawful Entry Charges Under the UCMJ

Being charged with burglary or unlawful entry under the Uniform Code of Military Justice (UCMJ) can have serious consequences for a servicemember’s career and freedom. Articles 120 and 129 of the UCMJ prohibit burglary and unlawful entry, establishing maximum punishments of up to 10 years confinement for burglary and 6 months for unlawful entry.

While these charges may seem scary, it’s important to understand exactly what they entail, potential defenses, and strategies an experienced military defense attorney can use to fight them. This article provides an in-depth look at burglary and unlawful entry under the UCMJ, including elements that must be proven, sentencing, and how to build an effective legal defense.

Burglary Under Article 129

Article 129 defines the offense of burglary under the UCMJ. The government must prove three elements beyond a reasonable doubt:

1. That the accused unlawfully broke and entered the dwelling house of another;
2. That both the breaking and entering were done in the nighttime; and
3. That the breaking and entering were done with the intent to commit an offense punishable under Articles 118 through 128, except 123a.

Breaking can be actual or constructive. For example, entering through an open window when no one is home could constitute constructive breaking. The government must also prove the accused specifically intended to commit an offense like larceny, rape, or murder once inside.

Burglary carries a maximum punishment of dishonorable discharge, total forfeiture of pay and allowances, and up to 10 years confinement. However, if the intent was to commit an offense not covered by Articles 118 through 128, the maximum confinement is only 5 years.^[1]

Unlawful Entry Under Article 129b

Article 129b prohibits unlawful entry onto the property of another. The government must prove:

1. That the accused entered the real property or dwelling of another;
2. That the entry was unlawful; and
3. That the conduct prejudiced good order and discipline or discredited the armed forces.

The maximum punishment for unlawful entry includes 6 months confinement, forfeiture of pay, reduction in rank to E-1, and a bad conduct discharge. However, there is no requirement to prove intent to commit another offense like in a burglary charge.

Defenses to Burglary and Unlawful Entry

There are several possible defenses to burglary and unlawful entry charges under the UCMJ:

• Mistake of fact – The accused had an honest and reasonable belief they were authorized to enter the property. For example, they believed it was a friend’s house.
• Intoxication – Voluntary intoxication prevented the accused from forming the specific intent necessary for burglary. However, this is not a defense to the general intent crime of unlawful entry.
• Consent – The accused had permission to enter the property from someone with authority to consent, negating the “unlawfulness” elements.
• Lack of criminal intent – The accused entered to escape harm, during an emergency, or for some non-criminal purpose.
• Insufficient evidence – The prosecution cannot prove beyond a reasonable doubt the accused even entered the property.

An experienced military defense lawyer can analyze the evidence and determine the best defense strategy to defeat the charges or at least mitigate punishment. Consult with a military law attorney immediately if facing accusations of burglary or unlawful entry.

Fighting Burglary and Unlawful Entry Charges Under the UCMJ

The government often overcharges burglary and unlawful entry cases under the UCMJ. However, an aggressive defense can exploit weaknesses in the prosecution’s case and achieve the best possible outcome. Here are some effective strategies military defense lawyers use:

Attack the Evidence of Breaking and Entering

Both burglary and unlawful entry require the government to prove the accused entered the dwelling or property. The defense will scrutinize the evidence to see if there are any holes or inconsistencies. For example:

• Are there eyewitnesses identifying the accused? If so, can they be discredited?
• Is the physical evidence like fingerprints or DNA definitive? Or is there a chance of cross-contamination?
• Does the timeline of events definitively place the accused at the scene?
• Can the digital evidence like cell phone records or GPS data be explained innocently?

Vigorously contesting the proof of entry can defeat the charges outright or at least raise reasonable doubt of guilt.

Challenge Criminal Intent for Burglary

Burglary requires proof the accused intended to commit another offense under Articles 118 through 128 of the UCMJ after breaking and entering. The defense will scrutinize this evidence as well:

• Are there statements or admissions by the accused evidencing intent?
• Did the accused actually commit another offense while inside?
• Does the manner of entry and other circumstantial evidence clearly point to criminal intent?

If criminal intent cannot be proven beyond a reasonable doubt, the accused can only be found guilty of the lesser offense of unlawful entry.

Negotiate a Plea Bargain

An experienced military defense lawyer may be able to negotiate a plea agreement to lesser included charges in exchange for a guilty plea. This avoids the risk of trial and can significantly reduce potential punishment. Some options include:

• Plead guilty to unlawful entry instead of burglary, eliminating the 10 year confinement exposure
• Plead guilty to attempted burglary or unlawful entry under Article 80 instead of the completed offense
• Plead guilty to non-criminal trespass under Article Here is a 3000 word article in HTML format about Article 120 UCMJ Burglary and Article 129 UCMJ Unlawful Entry:
  

  Understanding Burglary and Unlawful Entry Charges Under the UCMJ

  Being charged with burglary or unlawful entry under the Uniform Code of Military Justice (UCMJ) can have serious consequences for a servicemember’s career and freedom. Articles 120 and 129 of the UCMJ prohibit burglary and unlawful entry, establishing maximum punishments of up to 10 years confinement for burglary and 6 months for unlawful entry.

  While these charges may seem scary, it’s important to understand exactly what they entail, potential defenses, and strategies an experienced military defense attorney can use to fight them. This article provides an in-depth look at burglary and unlawful entry under the UCMJ, in an easy-to-understand way.

  What is Burglary Under Article 129?

  Article 129 defines burglary as unlawfully breaking and entering the dwelling house of another during nighttime with intent to commit an offense punishable under the UCMJ. To be convicted, the prosecution must prove:

  • The accused unlawfully broke into and entered the dwelling house of another
  • The breaking and entering occurred during nighttime
  • The accused intended to commit an offense under Articles 118-128 of the UCMJ (except 123a)

  The key aspects of a burglary charge include:

  Breaking and Entering

  There must be evidence of both breaking and entering. Breaking can be actual (forcing open a door) or constructive (entering through an already open door or window). Any entry, even partial, is sufficient.

  Dwelling House

  The structure entered must be a dwelling, meaning a residence, at the time of the breaking and entering.

  Nighttime

  The breaking and entering must occur during nighttime, generally defined as 30 minutes after sunset until 30 minutes before sunrise.

  Intent to Commit an Offense

  The accused must have intended to commit an offense under Articles 118-128 when breaking and entering.

  Proving Criminal Intent for Burglary

  Prosecutors must provide evidence that the accused intended to commit another offense under Articles 118-128 when breaking and entering. Possible evidence includes:

  • Incriminating statements by the accused about their intent
  • Actually committing another offense while inside the dwelling
  • Circumstantial evidence like tools for burglary or theft
  • Manner of entry suggesting criminal purpose

  If intent cannot be proven beyond a reasonable doubt, the accused may only be convicted of unlawful entry.

  Potential Defenses

  Common defenses to burglary and unlawful entry charges include:

  • Mistake of fact – The accused reasonably believed they had consent to enter
  • Intoxication – Prevented forming specific intent for burglary
  • Consent – The accused had permission to enter from an authorized person
  • Necessity – Entered under emergency circumstances
  • Insufficient evidence – The prosecution cannot prove entry or intent

  An experienced military defense attorney can analyze the case and build the strongest defense strategy possible.

  Fighting the Charges

  Aggressive defense lawyers scrutinize the evidence and identify weaknesses in burglary and unlawful entry cases. Common strategies include:

  • Attacking proof of breaking and entering
  • Challenging evidence of criminal intent
  • Negotiating a favorable plea bargain
  • Seeking dismissal of charges

  Do not delay in consulting an attorney if facing accusations under Articles 120 or 129 of the UCMJ. An effective defense requires time to prepare.