MILITARY JUSTICE TODAY: ATTORNEY DANIEL HIGGINS WINS BIG AT JOINT BASE LEWIS-MCCHORD, WASHINGTON FOR ARMY RANGER WRONGFULLY ACCUSED OF LARCENY

My name is Daniel Higgins, and I am a partner at Capovilla & Williams. I have dedicated my career to vigorously advocating for Servicemembers around the globe facing bias, unjust investigations, allegations, and court-martial charges. With a background as a prior Army Ranger, Sniper, Infantryman, and Officer, I bring a wealth of experience to my role as a military defense attorney. It has been my honor to represent Servicemembers from every branch of the Armed Forces at nearly every major installation worldwide. At Capovilla & Williams, I take immense pride in leading a mission focused on positively impacting the lives of millions of veterans and Servicemembers, guiding them through their most challenging legal battles.

I recently had the privilege of representing a Senior NCO from JBLM who dedicated the majority of his career to special operations. He faced accusations of fraud and larceny against the U.S. Government for incorrectly receiving a COVID Relief Fund after being misled by a scam artist. The evidence clearly showed that he never intended to commit fraud and even attempted to return the money as soon as he realized he had been deceived. Despite this, military prosecutors ignored the facts and charged him with multiple counts of fraud and larceny, sending the case to court-martial. Justice will prevail in this matter.

In this article, we’ll explore the most effective defenses against larceny accusations and share our success story of how we navigated the legal landscape to secure a dismissal of all charges for our client. Join us as we uncover the tactics that can turn the tide in a larceny case!

UNPACKING LARCENY UNDER ARTICLE 121 OF THE UNIFORM CODE OF MILITARY JUSTICE: KNOW YOUR RIGHTS AND HOW TO FIGHT BACK!

Larceny stands out as one of the most prevalent allegations in court-martial proceedings across the nation. We consistently encounter cases involving government property, BAH, voucher fraud, and a recent surge of incidents related to government relief loans from COVID.

Under Article 121 of the UCMJ, larceny is classified as a felony-level accusation when the government establishes that more than $1,000 was stolen, whether from government sources or private entities. This charge carries severe penalties, including the possibility of a dishonorable discharge, up to 5 years of confinement, and a reduction in rank to E-1.

To secure a conviction for this offense, the government must unequivocally demonstrate, beyond a reasonable doubt, that you wrongfully took property that belonged to the government or a third party, that the value of the stolen property exceeds $1,000, and that you possessed the intent to permanently deprive the owner of that property.

WINNING STRATEGIES AGAINST LARCENY CHARGES: HOW WE ACHIEVED DISMISSAL OF ALL CHARGES FOR OUR CLIENT!

Larceny allegations are serious, but they can be challenging for Military Prosecutors to establish in court. The law clearly mandates that judges or panels must thoroughly examine all the facts and circumstances presented by the evidence to ascertain the accused’s intent regarding the crime. In essence, proving larceny hinges on demonstrating that the act of taking was intentional and accompanied by a guilty mind. If the taking occurred mistakenly, negligently, or under a false belief of lawful authority, then the prosecution fails to establish the crime of larceny.

In this case, we successfully persuaded the military judge to dismiss all charges and specifications against our client, demonstrating that CID’s failure to secure vital evidence significantly undermined the prosecution’s position. My investigator, Paul Paszkowski—a former CID agent now with Capovilla & Williams—discovered crucial text messages exchanged between our client and the scam artist. These messages clearly established that our client had no intent to commit larceny.

Unfortunately, CID neglected to obtain these text messages in a timely manner, and by the time they attempted to retrieve them, the evidence had been destroyed. Consequently, we filed a compelling motion to dismiss the charges based on Due Process Violations under the 5th Amendment. We argued convincingly that the loss of these text messages severely prejudiced our client, rendering a fair trial impossible. The military judge concurred with our assessment and dismissed all charges against our client. This represented a monumental victory for our team and a crucial turning point for our client’s future.

KEY LESSONS FROM THIS REMARKABLE VICTORY!

When facing a court-martial or prosecution in the military justice system, your first step must be to hire the best law firm you can find. While assigned military counsel are dedicated professionals, they often lack the extensive experience, resources, and unwavering support needed to fully commit to your case and safeguard your future.

Do not accept facts at face value. The CID is not a neutral fact-finding agency; their goal is to incriminate you and build a case against you. At Capovilla & Williams, we have successfully served as lead counsel in over 3,000 criminal investigations in the military. This has reinforced our belief in the necessity of having our own in-house investigators dedicated to amplifying your side of the story. Most law firms fall short in this regard, prioritizing their profits over your defense and relying solely on CID’s investigations. This is a critical error. We achieve remarkable success because we have invested millions into creating a law firm equipped with every resource you need to secure a win.

Lastly, do not feel pressured to accept a plea deal out of fear. In one instance, military prosecutors pressured our client with a subpar plea offer, stating it would expire in 7 days. We didn’t blink. As highly skilled military defense attorneys with over 300 years of combined military law experience, intimidation has no place in our approach. Instead, we think creatively, assemble a full team for your case, and move forward with determination.

CONTACT US TODAY AND FIGHT BACK!

Our mission at Capovilla & Williams is to equip you with everything you need to effectively navigate the complexities of your case and stand strong against the challenges ahead. We’ve got your back! We are ready, willing, and fully equipped to stand by your side. Keep your fire alive, call us today at 855-442-6271!