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Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us

When Accusations Threaten Everything

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 consultation.

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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 the 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.

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Case Results We’ve been in the fight & know how to win

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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

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GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

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NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

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GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

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GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

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MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

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PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

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GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

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GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

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GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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What Is Wrongful Appropriation?

In contrast, wrongful appropriation occurs when a 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
  • The act was done with the intent to temporarily deprive the true owner of the property.

A basic illustration shows the 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.

Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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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, worth 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 valued at 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 the 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.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul Murray

Partner

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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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 consultation.

If you are under investigation for any type of theft, wrongful appropriation, or misuse of government resources, call MJA today at (843) 773-5501 for a consultation.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

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