Military service members accused of robbery under the Uniform Code of Military Justice (UCMJ) face severe legal consequences that can disrupt their careers, benefits, and reputations. Article 122 of the UCMJ outlines specific criteria and penalties for robbery offenses, which differ in important ways from civilian laws. This comprehensive guide explores the legal framework, potential punishments, and defense strategies relevant to robbery charges within the military justice system.

What Constitutes Robbery Under Military Law?

Under Article 122 of the UCMJ, robbery is defined as the wrongful taking of anything of value from another person or in their presence, against their will, by force, violence, or fear of injury. Unlike civilian law, the military definition expands to include threats of future harm to the victim or their family members.

Key Elements of Military Robbery

To secure a conviction, military prosecutors must prove:

• The wrongful taking of property from another person or their presence
• The taking occurred against the victim's will
• Force, violence, or fear of injury was used
• The property belonged to someone other than the accused
• The accused intended to deprive the victim of the property

Since the Military Justice Act of 2016, the prosecution no longer needs to prove an intent to permanently deprive the victim of the property, simplifying the path to conviction.

Penalties for Robbery Convictions Under the UCMJ

Robbery Involving a Firearm

When a firearm is used, the maximum punishment includes:

• Dishonorable discharge
• Forfeiture of all pay and allowances
• Confinement for up to 15 years
• Reduction in rank to E-1

Robbery Without a Firearm

Robbery committed without a weapon still carries harsh consequences:

• Dishonorable discharge
• Forfeiture of all pay and allowances
• Confinement for up to 10 years
• Reduction to E-1

These are maximum penalties. Sentences may vary based on plea bargaining in criminal cases, mitigating circumstances, or the strength of evidence presented by defense counsel.

How Military Robbery Differs from Civilian Robbery

Expanded Definition of Fear

Military courts recognize fear of future harm as sufficient to satisfy the "fear" requirement. For example, in United States v. Wheeler, fear of injury to a third party qualified under the UCMJ's robbery statute.

Focus on Number of Victims

As seen in United States v. Szentmiklosi, robbery is prosecuted as a crime of violence, where the number of victims—not items—determines the number of charges. This interpretation can significantly increase sentencing exposure.

Military Contextual Factors

Robbery charges often arise in deployment zones, barracks, or during off-duty conduct, and these factors shape how military prosecutors build cases and how defense attorneys challenge them. These contexts differ sharply from those found in civilian courts, particularly when comparing armed vs unarmed robbery and their distinct sentencing consequences.

Defense Strategies for Robbery Under Military Law

Challenging Legal Elements

A thorough defense involves examining each legal requirement of the offense. Common strategies include:

• Disputing the use of force or fear
• Challenging ownership of the property
• Questioning the accuracy of witness identifications
• Arguing that consent was present or the taking was not against the victim's will

Asserting Lawful Conduct

Sometimes, a service member had a legitimate belief in their right to the property. Other possible defenses include:

• Mistaken identity
• Recovery of one's own property
• Unintentional actions misinterpreted as robbery

Good Military Character Evidence

Unlike civilian courts, military proceedings allow the defense to introduce character evidence as substantive proof. Service members with honorable records may leverage their conduct history to raise doubt or argue for reduced sentencing.

Plea Agreements

In cases with strong evidence, negotiating a plea deal can mitigate the consequences. Options include:

• Pleading to a lesser included offense
• Reducing confinement time through capped sentencing
• Avoiding a dishonorable discharge to retain certain post-service benefits

Understanding the Court-Martial Process

Investigation and Charging

The Criminal Investigation Division (CID) or other military law enforcement agencies typically begin investigations. If evidence supports the allegation, charges are formally “preferred.”

Article 32 Hearing

This preliminary hearing evaluates whether there is sufficient evidence to proceed to a general court-martial. It functions similarly to a grand jury hearing in the civilian system.

Court-Martial Trial

Robbery trials may be heard in either a special or general court-martial and include:

• Jury selection (panel members)
• Witness testimony and cross-examination
• Presentation of evidence
• Legal arguments
• Verdict and sentencing

Sentencing Phase

If convicted, the court conducts a separate sentencing phase. The defense may present mitigating evidence, including service history and family impact, to reduce penalties.

Long-Term Consequences of a Conviction

Robbery convictions under military law carry impacts that extend beyond confinement or discharge.

• Employment: A dishonorable discharge can severely limit future civilian job prospects.
• Veterans Benefits: VA benefits may be lost, including healthcare, education, and home loan eligibility.
• Firearm Rights: A conviction may result in the permanent loss of gun ownership rights.
• Social Impact: The stigma of a dishonorable discharge can affect personal and professional relationships.

These repercussions underscore the importance of proportional sentencing in military and civilian cases alike, similar to the considerations found in robbery sentencing and the need for proportionality in California.

Military Robbery Defense Attorneys in California

If you are a service member facing robbery charges under Article 122, you need experienced legal counsel who understands both military justice and the complexities of criminal defense. At Bulldog Law, our attorneys in California are well-versed in military court-martial procedures, plea bargaining strategies, and the nuanced differences between civilian and military criminal law. We work tirelessly to protect your rights, reputation, and future.

Whether you are under investigation or already charged, our team provides aggressive, informed, and compassionate representation. Contact Bulldog Law today to discuss how we can support your defense and help you regain control of your future.