What is a court-martial?

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.

What happens during the court-martial process?

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: 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. 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. 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. 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. 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.

What are the types of court-martial?

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.

What are court-martial punishments?

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

How can a court-martial lawyer help in a military defense case?

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.

Is a court-martial conviction a felony?

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.

How do you find a reputable court-martial defense lawyer?

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.

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Court-Martial Lawyers

We Fight for Your Freedom and Your Future

Criminal courts-martial present the highest stakes in military justice. If you are convicted, you could face lengthy jail time, a punitive discharge, and an uncertain future. You need the most experienced and dedicated defense team you can find.

We know how terrifying it is to face criminal charges in the military, because we have helped hundreds of military members at court-martial. Whether you are facing allegations of drug use, domestic violence, sexual assault, or other military crimes, it is critically important that you have the best defense attorneys helping you.

In courts-martial, experience wins. It’s plain and simple. The team at The Military Defense Firm has the experience of more than 200 courts-martial. We know how to win, because we have done it before…countless times. And in the military, you only get one shot. You get ONE trial. There are no “hung juries.”

You get one chance to protect your future and secure your freedom. You want a defense counsel who has proven, time and time again, that they can deliver the best possible result.

Call Now

    
 
 
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   Evan C 
 
 
 
 Trustindex verifies that the original source of the review is Google. The Military Defense Firm is the best option with it comes to choosing a defense attorney for UCMJ and military matters.

Mr. Traeger is highly experienced, knowledgeable, and personable. He knows how to engage decisively to bring about a positive resolution in a timely manner. Every interaction from the consultation to resolution was outstanding.

Should you ever have the need for an attorney to deal with any military case, trust that Mr. Traeger and his team at The Military Defense Firm will deliver the best defense that money can buy.
  
 
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   Alejandro R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Having unlimited options of lawyers in Virginia specializing in UCMJ, I chose Josh who was recommend by a dear friend. He quickly explained to me my options with no filters or false hope. He is very to the point, no “ what if’s” or hypotheticals. He was clear with myself and wife, answered every question within minutes of emailing and worked diligently to thoroughly prepare for my case. During my trial he remained smooth and steadfast working his craft. In my eyes, the odds were staked against us, but he continued to push through, articulate facts, and remained focused on the end goal, which was justice. The process is grueling, but I felt confident in who I had chosen to represent me. I am grateful for his service, dedication, and continuous effort he put towards my case.
  
 
      Posted on Google  
   
   Daniel E 
 
 
 
 Trustindex verifies that the original source of the review is Google. Josh and Heather provided me the most professional, respectful, and straightforward help I could have ever imagined. Their sincerity, frankness, and understanding are ourstanding. They saved my career and benefits when all seemed lost. I recommend for ANYONE that feels there's no way out.
  
 
      Posted on Google  
   
   Marshall A 
 
 
 
 Trustindex verifies that the original source of the review is Google. Josh and his team were professional and immensely helpful throughout my legal proceedings. Though we ultimately did not make it to trial, I have confidence he and his team would have gotten a favorable outcome. I would absolutely use him for legal counsel in the future, and recommend him to anyone in need!
  
 
      Posted on Google  
   
   Kgodush K 
 
 
 
 Trustindex verifies that the original source of the review is Google. Josh went above and beyond to get me home to my family. I can't thank him enough. If there was more than 5 star ratings he'd get it!
  
 
      Posted on Google  
   
   Abraham G 
 
 
 
 Trustindex verifies that the original source of the review is Google. Joshua Traeger was incredibly patient and hardworking throughout the entire process. He took the time to explain everything clearly, never made me feel rushed, and always made sure I understood my options. His dedication really showed in the way he handled my situation—thorough, professional, and always focused on finding the best outcome. Thanks to his effort and expertise, everything went much more smoothly than I expected. I genuinely appreciate the excellent job he did helping me.
  
 
      Posted on Google  
   
   Danna R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Got in contact with my chain of command right away. Felt secured and could really confide in him with my case. Always kept in touch with me as well even after my case was closed. Would really recommend!
  
 
      Posted on Google  
   
   Gabriel H 
 
 
 
 Trustindex verifies that the original source of the review is Google. My name is Dr. Gabriel Holguin.  I am a clinical, forensic, and consulting psychologist.
Since being honorably discharged from the United States Air Force in 2006, I have been in private practice in the fields of forensic and clinical psychology providing trial consultation and expert testimony in a wide array of different trials.  During this time, I have consulted on approximately 600 federal military court-martials with both trial and defense counsel (as well as many state and federal civilian trials).
Throughout my private consulting practice spanning over 20 years, I have had the honor and privilege of working together with Josh on many criminal trials and other legal matters.  Josh is undoubtedly one of the most talented and well-rounded attorneys that I have ever had the pleasure of knowing and working with.
Whether it is working with the highly sensitive nature and challenges associated with a child sexual abuse case, or an adult sexual assault & rape trial in today’s current military climate that has seen an increase in the scrutiny of such cases, or dealing with a diverse array of witnesses involved in an attempted murder case, Josh has exhibited a versatile capacity far surpassing his peers in effectively managing the numerous requirements, demands, and responsibilities required for successful litigation.  Josh is easily several notches above his colleagues.
Finally, one of Josh’s most prominent skill sets and assets is what can’t be taught.  His personality is so refreshing and interpersonally effective.  He has an impeccable capacity to connect with the numerous individuals he associates with both professionally and personally.  It is this “art” that results in Josh having such an uncanny ability of positively connecting with the various players involved in litigation.
I wholeheartedly and without any reservation recommend Josh Trager and The Military Defense Firm for any and all of your military defense legal needs.
  
 
      Posted on Google  
   
   Elaine B 
 
 
 
 Trustindex verifies that the original source of the review is Google. As a forensic psychologist, I have had the privilege of seeing Josh Traeger in the courtroom many times to confidently say that he is highly skilled, incredibly knowledgeable, and arrives thoroughly prepared.  He delivers compelling arguments, skillful cross-examinations, and makes powerful strategy decisions founded on his extensive experience as a prosecutor and defense attorney. His experience as both a senior prosecutor and senior defense counsel means that he understands strategies from both sides, giving his clients a huge advantage in their cases. And with all of that, Josh Traeger is a fighter who hates to lose.  Highly recommend.
  
 
      Posted on Google  
   
   M R 
 
 
 
 Trustindex verifies that the original source of the review is Google. I cannot express enough gratitude for the outstanding legal support I received during a challenging investigation. From our initial consultation, Josh exuded confidence and professionalism, immediately putting me at ease. His unwavering commitment and clear communication throughout the process made a daunting situation manageable.

What stood out most was his ability to navigate the complexities of the case with precision and assurance. He kept me informed at every step, ensuring I understood the proceedings and felt supported.

The only hesitation about seeking counsel from Josh was the geographical proximity between us. If it is also a concern, I would hire him again regardless where I am at in the world. His location and the fact that I never met him, did not mean a lesser service, in fact quite the opposite.

I highly recommend his services to anyone in need of legal assistance. Josh’s dedication and skills make him an invaluable resource.

Our Process

1. Aggressive Investigation

If we represent you in a criminal case, we begin with an aggressive investigation of the allegations. We interview witnesses, hunt for evidence, and chase every lead. We want to gather the best evidence in your defense.

2. Intelligent Legal Analysis

We closely analyze all angles of your case, identifying investigators’ mistakes and exposing the government’s errors. We often make persuasive legal arguments to try and get your dismissed before trial.

3. World-Class Trial Advocacy

We are known across the military for our outstanding trial advocacy. We bring the skills developed over hundreds of courts-martial to every criminal trial. Our cross examinations and closing arguments often destroy the prosecutor’s case.

What Is a Court-Martial?
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.
What happens during the court-martial process?
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.
What are the types of court-martial?
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.
What are court-martial punishments?
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
How can a court-martial lawyer help in a military defense case?
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.
Is a court-martial conviction a felony?
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.
How do you find a reputable court-martial defense lawyer?
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.

Get Help

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