Military Larceny Defense Lawyer

Larceny is a serious offense in the military. An allegation alone can result in a service member being labeled a “barracks thief” and quickly ruin their reputation and standing in the command. 

If convicted, a service member faces the possibility of confinement, punitive discharge, and the loss of important military benefits. MJA has represented service members accused of theft occurring both on and off post, involving military and non-military property. 

Contact one of our military defense lawyers today by calling (843) 773-5501 and arrange a free consultation.

What is Larceny?

Larceny is a legal term that refers to the unlawful taking of someone else's property with the intent to permanently deprive the owner of it. It is a type of theft and is considered a criminal offense. The key elements of larceny typically include:

• Unlawful Taking: The property must be taken without the owner's consent.
• Property: The item taken must be tangible personal property.
• Intent: There must be an intention to permanently deprive the owner of the property.

In the military, larceny is a criminal offense under Article 121, UCMJ. Related punitive articles include fraudulent use of credit/debit cards (Article 121a), and false pretenses to obtain services (Article 121b). The latter punitive articles are increasingly being used by military prosecutors to charge theft through the misuse of government charge cards or government vehicle gas cards.

To be guilty of larceny in the military, the government must prove the following elements:

• That the accused wrongfully took, obtained, or withheld property;
• That the property belonged to a certain person;
• That the property was of a certain value; and
• That the act was done with an intent to permanently deprive the true owner of the property.

Importantly, the taking, obtaining, or withholding of the property must be wrongful. An act is not wrongful if authorized by law or superior orders, or if done by a person who has an equal or greater right to the property.

What is Wrongful Appropriation?

In contrast, wrongful appropriation occurs when person unlawfully takes someone else’s property, but doesn’t intend to keep the property permanently. The elements for wrongful appropriation are:

• That the accused wrongfully took, obtained, or withheld property;
• That the property belonged to a certain person;
• That the property was of a certain value; and
• That the act was done with an intent to temporarily deprive the true owner of the property.

A basic illustration shows difference between the two offenses. For example, a person who steals a car with the intent to keep it or sell it, commits the offense of larceny. However, if that same person takes the car without permission–let’s say to go joyriding–but fully intends to return the vehicle, they’ve committed the crime of wrongful appropriation. The difference between the two crimes comes down to intent.

What are the Maximum Penalties?

The punishment for larceny increases based on the value and type of the property stolen. In general, however, charges of larceny or any misuse of government property can result in extremely harsh punishments including a punitive discharge and significant confinement.

The lowest charge of larceny–i.e. larceny of property less than $1,000–carries a potential bad conduct discharge and 1 year confinement. At the high end of the punishment scale is larceny of military property more than $1,000. This offense carries up to 10 years confinement and a dishonorable discharge.

In contrast, the lowest charge for wrongful appropriation carries no discharge and 3 months confinement. The most serious wrongful appropriation offense, involving military property more than $1,000, carries the risk of a dishonorable discharge and two years confinement.

Is Larceny Treated Differently in the Military Justice System?

A larceny charge in the military justice system has some differences compared to the civilian legal system. Here are some key differences and aspects to consider:

• Uniform Code of Military Justice (UCMJ): Larceny in the military is prosecuted under Article 121 of the UCMJ. This article covers the wrongful taking, obtaining, or withholding of any money, personal property, or article of value with intent to permanently deprive or defraud another person of the property or its value.
• Jurisdiction: The military justice system has jurisdiction over service members, including those on active duty, reservists, and National Guard members in certain circumstances. Civilians and retired military personnel are generally not subject to the UCMJ unless specifically covered by it.
• Investigation and Charging: Investigations of larceny in the military are typically conducted by military police or special agents from organizations like the Criminal Investigation Command (CID) or the Naval Criminal Investigative Service (NCIS). Charges are brought by the command and prosecuted by a military prosecutor.
• Court-Martial: Larceny cases in the military are tried in courts-martial, which are military courts designed to handle violations of the UCMJ. There are three types of courts-martial: summary, special, and general, with varying levels of formality and severity of potential punishments.
• Punishments: Penalties for larceny under the UCMJ can be severe and may include confinement, reduction in rank, forfeiture of pay and allowances, and a dishonorable or bad-conduct discharge. The severity of the punishment often depends on the value of the stolen property and the circumstances of the offense.
• Rights of the Accused: Service members accused of larceny have certain rights under the UCMJ, including the right to counsel, the right to remain silent, and the right to a fair and impartial trial. They may be represented by a military defense attorney at no cost or may hire a civilian attorney at their own expense.
• Administrative Actions: In addition to or instead of court-martial, service members may face administrative actions for larceny, such as non-judicial punishment (NJP) under Article 15 of the UCMJ, which can result in penalties like extra duty, restriction, reduction in rank, or administrative separation from the military.

Overall, while the basic concept of larceny is similar in both the military and civilian justice systems, the processes, jurisdiction, and potential consequences can differ significantly.

MJA Can Help

When your life, career, and future are on the line, you need an experienced law firm in your corner. The skilled and experienced attorneys at MJA have defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ, including larceny. We will ensure that every avenue of defense is aggressively pursued on your behalf. Call us today at (843) 773-5501 for a free consultation.

If you are under investigation for any type of theft, wrongful appropriation, or misuse of government resources, call MJA today at (843) 473-3665 for a free consultation.