Maximum Sentence:
- Dishonorable Discharge
- 31 years confinement
- Total forfeiture
- Reduction to E-1
- Federal felony conviction
- Sex offender registration
A Navy Petty Officer Second Class stationed at Marine Corps Air Station Iwakuni, Japan, faced allegations of aggravated sexual assault and abusive sexual contact. In response to these serious charges, the Petty Officer promptly retained Article 120 UCMJ defense lawyer, Tim Bilecki, to navigate the complex military justice system.
Bilecki’s involvement in the early stages of the case, before formal charges were preferred, was crucial. This proactive engagement allowed the defense team to conduct an extensive investigation independently. The insights and evidence gathered through this process enabled Bilecki to effectively communicate with the prosecutors, significantly influencing the course of the case.
The negotiations led to a strategic outcome where the charges were not referred to a General Court Martial, as is commonly the case with military sexual assault allegations. Instead, Bilecki’s advocacy succeeded in having the case referred to a Special Court Martial. This referral substantially lowered the client’s potential penalties, reducing the risk of 31 years confinement and a Dishonorable Discharge to a maximum of only 1 year confinement and a Bad Conduct Discharge.
While Bilecki’s team was not retained for the trial phase, their early intervention and negotiations maintained the charges at the level of a Special Court Martial.
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