Article 122 | Robbery

Facing an Article 122 Charge for Robbery?  Were you Arrested for Robbery? Don’t go it alone.  Military Law Center can help.

The Manual for Courts-Martial, under Article 122 (10 U.S.C. 922), states any person subject to the UCMJ who takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.

Put simply: if you take something of value from another person with force or violence, you may be guilty of robbery.

Robbery under Article 122 can be proven by the government at court-martial or administrative hearing by showing the service member took property from another without their consent and did so using force or violence.  The prosecution needs to prove the elements below.

Robbery Elements:

1. That the accused wrongfully took certain property from the person or from the possession and in the presence of a person named or described;
2. That the taking was against the will of that person;
3. That the taking was by means of force, violence, or force and violence, or putting the person in fear of immediate or future injury to that person, a relative, a member of the person’s family, anyone accompanying the person at the time of the robbery, the person’s property, or the property of a relative, family member, or anyone accompanying the person at the time of the robbery;
4. That the property belonged to a person named or described; and
5. That the property was of a certain or of some value.
   [If the robbery was committed with a dangerous weapon, add the following element]
6. That the means of force or violence or of putting the person in fear was a dangerous weapon.

The terms found within the statute above in Article 122 have specific definitions.  The following definitions apply:

Taking in the Presence of the Victim: It is not necessary that the property taken be located within any certain distance of the victim.  If persons enter a house and force the owner by threats to disclose the hiding place of valuable in an adjoining room, and, leaving the owner tied, go into that room and steal the valuables, they have committed robbery.

Force or Violence: For a robbery to be committed by force or violence, there must be actual force or violence to the person, preceding or accompanying the taking against the person’s will, and it is immaterial that there is no fear engendered in the victim.  Any amount of force is enough to constitute robbery if the force overcomes the actual resistance of the person robbed, puts the person in such a position that no resistance is made, or suffices to overcome the resistance offered by a chain or other fastening by which the article is attached to the person.

Fear: For a robbery to be committed by putting the victim in fear, there need be not actual force or violence, but there must be a demonstration of force or violence by which the victim is placed in such fear that the victim is warranted in making no resistance.  The fear must be a reasonable apprehension of present or future injury, and the taking must occur while the apprehension exists.

Multiple Victim Robberies: Robberies of different persons at the same time and place are separate offenses and each such robbery should be alleged in a separate specification.

Dangerous Weapon: A weapon is dangerous when used in a manner capable of inflicting death or grievous bodily harm.  What constitutes a dangerous weapon depends not on the nature of the object itself but on its capacity, given the manner of its use, to kill or inflict grievous bodily harm.  Thus, a bottle, beer glass, a rock, a bunk adaptor, a piece of pipe, a piece of wood, boiling water, drugs, or a rifle butt may be used in a manner capable of inflicting appropriate circumstances, fists, teeth, feet, elbows, etc. may be considered a dangerous weapon when employed in a manner capable of inflicting death or grievous bodily harm.

Pursuant to Rule for Court-Martial 305, a Commanding Officer may order a service member into pretrial confinement for allegedly robbing someone under Article 122.  The Commanding Officer may place the service member in the brig, not as punishment, but to protect society from the necessary risk of the accused committing another offense.

Attorneys at the Military Law Center help those confined in the brig pretrial seek release at their Initial Review Officer (IRO) hearing.  At an IRO hearing, a neutral and detached officer shall review the probable cause determination and necessity for continued pretrial confinement.  The IRO will consider whether:

• An Article 122 offense triable by court-martial has been committed;
• The confine committed it;
• Confinement is necessary because it is foreseeable that:
  • The confine will not appear at trial, pretrial hearing, or preliminary hearing; or
  • The confine will engage in serious criminal misconduct; and
• Less severe forms of restraint are inadequate.

As an accused, you have the right to require your command present a preponderance of evidence at the IRO hearing to prove why you should remain in pretrial confinement.  Working with experienced robbery attorneys for IRO hearings is the first step to showing your command you will fight for your freedom!

An Article 122 charge is serious, can stop a military career, and even warrant brig time.  But there are defenses available to fight the accusation:

• Alibi:
  “Alibi” means that the accused could not have committed the offense charged because the accused was at another place when the offense occurred.  As this defense allows the accused to show he or she was not the person who took the property at a certain time or place, the government will be unable to meet its burden of proof.  The burden remains on the prosecution to demonstrate the accused’s guilt.
• Property Not the Victim’s:
  As part of the elements of robbery, the property stolen must have been owned by the victim.  If the property taken from them was something they planned on buying from the store, but was not yet owned by that person, this would defeat the fourth element of the offense.

The maximum punishment for Article 122 is a dishonorable discharge, confinement for 3 years, total forfeitures of pay and allowances, reduction in rank to E-1, and other lawful punishments.

Robbery $1,000 or More

• Dishonorable Discharge or Dismissal (Officers)
• Confinement for 3 Years
• Total Forfeitures
• Reduction in Rank to E-1

Robbery Less than $1,000

• Bad Conduct Discharge (BCD)
• Confinement for 1 Year
• Total Forfeitures
• Reduction in Rank to E-1

The potential penalties for offenses in the military under Article 122 vary on the seriousness of the robbery and the value of the property stolen. A court-martial can impose a range of punishments, including:

• Confinement: The accused may face imprisonment for a specific period determined by the court-martial.
• Reduction in rank: This could involve a demotion to a lower enlisted grade or officer rank.
• Forfeiture of pay and allowances: The accused may lose a portion of their military pay and benefits.
• Bad-conduct discharge: This is a less severe form of separation with a negative characterization, potentially impacting future employment opportunities and veteran benefits.
• Reprimand or admonition: These are non-judicial punishments involving official censure of the accused’s actions.

The specific maximum punishment for an Article 122 offense will depend on how the government presents its case and how many separate specifications the accused is facing.  Our attorneys at the Military Law Center can help provide a maximum punishment for your case during a free consultation.

The military has the option of charging an accused with robbery offenses at a court martial or choosing to use the administrative separation board process.  All military services prohibit robbery.  An ADSEP Board for Article 122 offenses is a more challenging environment for an accused to win because the burden of proof is far lower than that required at a court martial.  

Despite the easier burden for the government, attorneys at the Military Law Center have successfully defended service members facing robbery allegations.  With diligent investigation and excellent courtroom presence, our attorneys have defeated these allegations in the past.  By strategically planning a defense, preparing early, and critically analyzing the evidence, our ADSEP Board lawyers can help get your military career back on track.

When a service member is arrested for robbery or becomes “titled” in a law enforcement investigation, their security clearance may be in jeopardy.  Service members may receive a Request for Supplemental Information (RSI) from the Defense Counterintelligence and Security Agency (DSCA).  DSCA is required to review a service member’s eligibility for an active security clearance when they are charged with or convicted of any criminal offenses (excluding traffic violations that do not involve alcohol or drugs, resulting in fines less than $300) since the last investigation pursuant to DoDM 5200.02. 

As any response to DSCA may be used against a service member later at an ADSEP Board or court martial, it is paramount to consult with a qualified military law attorney with experience with security clearance issues.  Effective responses to a request for supplemental information will use the 2017 National Security Adjudicative Guidelines, Security Executive Agent Directive 4.

An Article 122 arrest and conviction can have devastating consequences beyond the courtroom. It can damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector.  It may also hinder your ability to get financial loans in the future.

Additionally, service members may be precluded from ownership, receipt, or transport of any firearm that has been transported in interstate or foreign commerce under 18 U.S.C. § 922(g)(6) when the accused separates from the military with a dishonorable discharge or is punished with more than one year of confinement.

Facing an Article 122 accusation for robbery can be frustrating, stressful, and oftentimes a distressing experience. At Military Law Center, our attorneys understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:

• Experienced Military Defense Lawyers:
  Our team is comprised of former military judge advocates (JAGs) with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate the complexities of military justice from start to finish.
• Personalized Attention:
  We care for every client as an individual. We’ll take the time to understand your specific situation and develop a personalized defense strategy, to include rehabilitation options, designed to achieve the best possible outcome.
• Aggressively Protecting Your Rights:
  We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll explore all available defenses and work tirelessly to protect your career and reputation.
• Clear Communication:
  We understand legal terms can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms.
• Free Consultation:
  We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Don’t Face Article 122 Allegations Alone. Military Law Center Can Help.

An Article 122 charge can take away your gun rights and security clearance, stall your military career, and damage your personal and professional reputation. But you don’t have to fight by yourself. Military Law Center has a proven track record of successfully defending service members facing the most serious charges and getting them the rehabilitative help they need. Our experienced military law attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case. 

Contact Military Law Center today for a free consultation.
We’ll stand by your side and fight for you.

Call Us Today – (760) 536-9038