Court-Martial Lawyers

A court-martial is a criminal trial conducted under the Uniform Code of Military Justice (UCMJ) and requires specialized criminal defense. It is used to prosecute alleged offenses committed by members of the armed forces, including the Army, Navy, Air Force, Marine Corps, and Coast Guard. The military justice system handles a wide range of cases, from minor misconduct like drug use and BAH fraud to serious criminal allegations such as sexual assault, domestic violence, larceny, or child pornography.

Penalties from a court-martial may include confinement, forfeiture of pay, reduction in rank, reprimand, or a punitive discharge.

Under military law, the court-martial process is governed by the Uniform Code of Military Justice (UCMJ). Whether you are in the Air Force, Army, Coast Guard, Marine Corps, Navy, or Space Force, the military justice system is largely the same.

The court-martial process can basically be explained in five stages:

1. Criminal investigation.  Either your chain of command or assigned military investigators will investigate your case.  An experienced military lawyer can help you during this pretrial process by protecting your rights and making calculated decisions about when, if at all, you should share your side of the story.
2. Preferral of charges.  After an investigation, your chain of command or an assigned prosecutor will review the evidence.  If there is “probable cause” to believe you may have committed a crime, charges may be “preferred” against you.  You will be provided with a copy of the charges and the evidence supporting them.
3. Preliminary examination.  Oftentimes, your case will be sent to a “preliminary examination” for review, also known as an Article 32 investigation under the UCMJ.  During this initial hearing, another lawyer will review the charges and evidence to determine whether the government should proceed to a military court-martial.
4. Referral of charges.  After the preliminary examination, prosecutors or the convening authority may “refer” the charges to a court-martial.  There are three types of court-martial, described below.  “Referral” of charges is simply the process of sending your case to trial.
5. Criminal trial.  If your case is “referred” to court-martial, a military judge is assigned, jury members are detailed, and the criminal trial process begins.  This includes an arraignment, motions hearings, and the presentation of evidence. At this stage, you must have the best military defense counsel on your side so that you can receive a “not guilty” verdict.

At all stages of the court-martial process, you should have experienced and dedicated legal representation to help you with your court-martial defense.

There are three basic types of court-martial:

• Summary court-martial: lowest level.  A summary court-martial may be pursued against an enlisted member for low-level criminal conduct.  Maximum punishments for E-4 and below at a summary court-martial include reduction to E-1, forfeiture of two-thirds pay for one month, and either 60 days of restriction, 45 days of hard labor without confinement, or 30 days confinement.  Maximum punishments for E-5 and above include reduction of one grade, forfeiture of two-thirds pay for one month, and 60 days of restriction.
• Special court-martial: “misdemeanors.”  A special court-martial is akin to a “misdemeanor” court in the civilian world.
  • Judge-alone specials: A judge-alone special court-martial does not include a jury (or “members”). In a “judge alone special,” the maximum punishment is six months confinement and no more than six months of forfeiture of pay.  A punitive discharge cannot be imposed by the judge. Other lawful punishments may be imposed.
  • Member specials: A special court-martial may also be composed of at least four military members.  The maximum punishment at this court-martial is 12 months’ confinement and a bad-conduct discharge.  Other lawful punishments, such as forfeiture of pay and reduction in grade, may be adjudged.
• General court-martial: “felonies.”  A general court-martial is like a “felony” court in the civilian world.  General courts-martial may be decided by a judge alone or by a panel of eight members, at the accused’s / defendant’s option.  There is no limitation to the sentence of a general court-martial, except for the maximum for the alleged offenses.

Every case is different. Whether you face allegations of sexual assault, larceny, drug use, or another military crime, court-martial convictions may lead to certain punishments that will affect your military career.

Court-martial punishments may include:

• Reduction in grade
• Forfeiture of pay and allowances
• Confinement
• Reprimands
• Restriction to limits
• Hard labor without confinement
• Bad conduct discharge
• Dishonorable discharge

A court-martial lawyer provides critical legal representation for service members facing criminal allegations under military law. An experienced military defense attorney can investigate the charges, challenge the government’s evidence, identify weaknesses in the prosecution’s case, and build a strong defense strategy, all within a confidential attorney-client relationship.

Legal counsel also protects the rights of the accused during pretrial hearings, negotiations, and trial proceedings.

Some court-martial convictions can be treated similarly to felony convictions in the civilian criminal justice system, particularly those resulting from a general court-martial. These convictions can carry serious long-term consequences, including incarceration, loss of benefits, and lasting damage to a military career.

Finding a reputable court-martial defense lawyer often involves researching law firms that specialize in military justice and court-martial defense, many of which offer a free consultation. Service members, whether active duty or otherwise, should review the attorney’s years of experience, track record handling military court-martial cases, and familiarity with the military chain of command and legal procedures within the armed forces, along with their reputation and manner of speaking with you.