UCMJ Article 121b
False Pretenses to Obtain Services
According to the Manual for Courts-Martial, any service member may be prosecuted if they knowingly, and with the intent to defraud, use false pretenses to obtain services.
In order to be prosecuted for violations of Article 121b, the prosecution must prove that:
- the accused wrongfully obtained certain services;
- the obtaining was done by using false pretenses;
- the accused then knew of the falsity of the pretenses;
- the obtaining was with intent to defraud; and
- the services were of a certain value, or of some value.
Understanding Article 121b (False Pretenses to Obtain Services) of the UCMJ
This offense is similar to the offenses of larceny and wrongful appropriation by false pretenses (Article 121), except that the object of the obtaining is services rather than money, personal property, or articles of value of any kind.
As with Article 121, Article 121b requires the element of intent, however, intent may be proven through the use of circumstantial evidence.
Maximum Possible Punishment for Violations of Article 121b
Service members convicted of violation of Article 121b face differing punishments depending upon the monetary value of the services obtained.
Services obtained under false pretenses of a value of $1,000 or less yields a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
Services obtained under false pretenses of a value of more than $1,000 results in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
How do you defend against Article 121b False Pretenses to Obtain Services charges?
When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys, with more than 75 years of combined experience, who have won these types of cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer, who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.
If you, or someone you know, is facing Article 121b charges for False Pretenses to Obtain Services, you need to speak with a Military defense attorney right away. We understand what is at risk, and we know how to protect your career, your freedom, and your future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.
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