Military Larceny Charges Under Article 121 UCMJ

Defending Your Record, Reputation, and Future

In the military, larceny isn’t just about taking something that doesn’t belong to you. It’s about how your actions are interpreted through the strict lens of the Uniform Code of Military Justice (UCMJ). Even the hint of a theft allegation can permanently damage your standing in the unit, destroy your chances at promotion, and trigger disciplinary action before your side of the story is ever heard. Under Article 121, larceny is a charge that commands take seriously—often moving fast and without patience for nuance. If you’re under investigation or have been formally accused, now is not the time to stay quiet or assume things will settle on their own. You need a seasoned court martial attorney who understands not just the law, but the command culture and career-ending implications of a larceny charge.

What Does Article 121 Actually Cover?

Under Article 121 of the UCMJ, larceny involves unlawfully taking, keeping, or gaining control of someone else’s property with the goal of keeping it from them permanently. While the legal definition seems clear, how it's applied in real-world cases can be far more complex. Whether it’s a missing piece of gear, unauthorized use of a government vehicle, or misuse of official credit cards, prosecutors often charge aggressively. In today’s environment, digital access and shared resources have only complicated what qualifies as “wrongful taking.” And in many cases, it’s the intent—not the item—that becomes the government’s key point of attack.

To secure a conviction for larceny under Article 121, prosecutors must prove four elements:

1. That the accused wrongfully took, obtained, or withheld property;
2. That the property belonged to another person or entity;
3. That the property had a measurable value; and
4. That the act was done with the intent to permanently deprive the owner.

It’s not enough to show the item changed hands. The act must be wrongful—meaning not authorized, not based on superior orders, and not covered by any claim of equal or greater ownership. The moment your command believes those four elements can be argued in court, your record and your rank are at risk.

Larceny vs. Wrongful Appropriation – Why Intent Changes Everything

Not every property offense in the military qualifies as larceny. There’s a distinction between someone intending to take something permanently and someone borrowing or using it temporarily without permission. That’s where the lesser charge of wrongful appropriation comes into play.

The difference? Intent.

If a service member takes a vehicle without consent and plans to keep it, that’s larceny. If they take the same vehicle to run a quick errand, intending to return it, that’s wrongful appropriation. Same act, different intent—and the legal consequences shift dramatically.

Wrongful appropriation doesn’t carry the same weight as larceny, but make no mistake—it can still lead to administrative separation, career derailment, and lasting damage to your military record.

What Are the Penalties for a Larceny Conviction?

The penalties under Article 121 scale with the value and nature of the property involved:

• Property valued under $1,000 may result in a bad conduct discharge, reduction in rank, forfeiture of pay, and up to 1 year confinement.
• Property valued at $1,000 or more, or government/military property, could lead to 10 years confinement and a dishonorable discharge.
• If the item is a controlled weapon, government-issued vehicle, or sensitive equipment, expect the prosecution to seek maximum punishment.

For wrongful appropriation, the maximum penalties are lighter—but they’re still serious:

• Up to 3 months confinement and potential reprimand for minor cases.
• For higher-value military property, punishment can include 2 years confinement and a bad conduct or dishonorable discharge.

Even a minor conviction doesn’t simply disappear once your service ends. It can limit your access to veterans' benefits, make federal employment harder to secure, and cast doubt on your trustworthiness in sensitive career fields.

What to Expect in a Military Larceny Case

When a larceny investigation begins, it typically starts with an internal report or complaint. From there, command notifies military law enforcement—such as CID, NCIS, or OSI. You may be questioned, sometimes informally. You might be asked to “clear things up.” Don’t take the bait. Anything you say without representation can be used later in trial. By the time you're notified that charges are being considered, a prosecutor may already be building a case against you.

These cases can proceed to any type of court-martial, depending on severity:

• Summary court-martial: For low-dollar thefts or misuse.
• Special court-martial: Most common for intermediate value cases or repeated misconduct.
• General court-martial: For larceny involving military vehicles, classified equipment, or sustained patterns of theft.

You may also face Article 15 (NJP) or administrative separation in lieu of court-martial—but don’t assume those options are “less serious.” Once you’re branded with the accusation, your chain of command has already taken a position. The only thing standing between you and conviction is the quality of your defense.

How Joseph L. Jordan Fights Larceny Allegations

With years of firsthand experience as an Army JAG officer, Joseph Jordan knows exactly how military prosecutors build larceny cases. He’s handled these charges from both sides of the courtroom, giving him rare insight into how to dismantle the government’s strategy.

Some common defense strategies include:

• Showing the accused believed they had permission
• Disputing ownership or control of the property
• Undermining the claimed value of the item
• Revealing command bias or investigative flaws

In many cases, it’s not about denying that something was taken—it’s about proving the government’s narrative doesn’t hold up.

Immediate Action Matters

If you're under investigation for larceny or have already been charged, do not wait. Command already has legal assets at their disposal—and they’re likely building a case while you consider your options. Every day you delay is a day you could be losing evidence, misreading your risk, or saying something that can be turned against you.

Joseph L. Jordan, Attorney at Law is ready to step in now. He’s represented service members worldwide and defended clients at every level of military justice. From initial questioning to final verdict, he builds a defense tailored to your rank, your forum, and your future.

📞 Contact us today for a confidential consultation and let us protect what you’ve earned.
You serve with honor. We defend with precision.