Have you been notified that you are under investigation or been charged with a court-martial? If so, you need experienced legal counsel to protect your rights.
At Greene Wilson Crow & Smith, P.A., our attorneys focus on very specific types of cases. With decades of experience and an intense focus on military defense, our attorneys have gained extensive experience and knowledge of the military justice system.
Call Greene Wilson Crow & Smith, P.A. to schedule a consultation to discuss your situation with our North Carolina military defense attorneys.
How Our North Carolina Military Defense Attorneys Can Help Service Members With Court Martials
Facing military charges can significantly impact your life now and in the future. Our lawyers handle all types of military charges, including violent crimes, alcohol-related charges, drug crimes, assault, theft, and sex crimes.
When you are charged with a military offense, the experience and skills of your defense counsel can make a difference in the outcome of your case. When you hire our award-winning North Carolina military defense lawyers, you can trust we will:
- Investigate the circumstances that led to your military charges
- Explain the charges against you, the possible consequences, and potential defenses
- Retain investigators and experts to assist with your defense, as necessary
- Review evidence the government alleges proves the charges against you
- Coordinate with your appointed counsel regarding your defense
- Protect your rights throughout the military justice process by ensuring due process and fair treatment
- Negotiate plea deals and work to mitigate penalties
- Aggressively argue your case in court by presenting evidence, cross-examining witnesses, arguing legal points, challenging the government’s evidence, etc.
Our attorneys have top ratings with Super Lawyers and The National Trial Lawyers Top 100. We hold the AV Preeminent rating from Martindale-Hubbell, which is its highest rating for attorneys.
Call Greene Wilson Crow & Smith, P.A. to schedule a case review with one of our experienced North Carolina military defense attorneys.
What Is a Court-Martial?
A court-martial is the legal process of trying service members for violations of military law. A court-martial is the military’s version of a civilian criminal court. However, if you are facing a court-martial, you should not expect the process to be like a case tried in a civilian criminal court.
Court-martials are governed by the Uniform Code of Military Justice (UCMJ). There are three different levels of court-martial. Each level has its own rules and procedures. Furthermore, service members have different rights in a court-martial than in a civilian criminal court.
For example, defendants in civilian criminal court have the right to have a 12-member jury of their peers decide their case. However, in a court-martial, the jury panels are much smaller. The number of members of the jury panel depends on the level of the court-martial. Enlisted service members have the right to request one-third of the jury panel of enlisted persons.
Our attorneys at Greene Wilson Crow & Smith, P.A. handle all levels of court-martials. The top two levels of court-martials are:
Special Court-Martials
A special court-martial hears cases that are not as serious as cases heard by general court-martials but are more serious than minor offenses heard in a summary court-martial. The accused may choose to be tried by a jury panel of at least three members or by a judge alone.
Offenses heard in a special court-martial include:
- Assaults
- Domestic violence
- Larceny
- Drunk driving
- Unauthorized absences (AWOL)
- Drug-related charges
- Conduct unbecoming an officer
Special court-martials have jurisdiction over cases that could result in confinement for up to one year. The exact punishment depends on the factors in the case and the outcome of the trial.
General Court-Martials
A general court-martial is the most serious court-martial a service member can face. General court-martials can hear any offense charged under the Uniform Code of Military Justice. In a general court-martial, a defendant may choose to be tried by a jury panel of at least five members or by a judge alone.
Offense heard in a general court-martial include:
- Murder
- Rape
- Treason
- Sexual assault
- Desertion
- Serious drug charges
- Financial fraud allegations
Offenses heard in general court-martials carry the most severe penalties. A service member could face the death sentence in some situations.
What Are the Potential Penalties for a Special or General Court-Martial?
The punishments for a court-martial depend on the charges, the level of the court-martial, and other factors. Generally, a special court-martial punishment includes up to one-year confinement, reduction in rank, forfeiture of pay, and bad-conduct discharge.
The punishments for a general court-martial are more severe. A service member could face lengthy confinement. Additionally, the court may include a reduction in rank and forfeiture of pay. A service member may be dishonorably discharged or face the death penalty for a capital offense.
Courts may impose additional penalties, such as hard labor without confinement, fines, and reprimands.
Why Do I Need a Civilian Military Defense Attorney in North Carolina?
When you are charged with an offense that results in a special or general court-martial, you are appointed counsel. However, you have the right to hire a civilian military defense lawyer. The benefits of hiring a civilian attorney include:
- Appointed attorneys may not have extensive trial experience. Our civilian military defense attorneys are seasoned trial lawyers.
- A JAG attorney does not have the resources and time to devote to cases that civilian attorneys do. They may need permission from the court before hiring expert witnesses or paying for witnesses to travel to court.
- You will not receive an appointed attorney until criminal charges are filed. However, you need legal advice during the investigation.
- Even though your appointed attorney has a duty to represent you, they must follow the chain of command. Civilian military defense attorneys do not have these boundaries.
- Your civilian attorney works with your military counsel, which means more people working to protect your rights.
If you are facing a special or general court-martial, you need prompt legal advice from an experienced military defense attorney. The quicker you seek legal advice, the better for your defense.
Schedule a Free Consultation With Our North Carolina Military Defense Attorneys
Your reputation, military career, and economic security are at stake when you face a court-martial. In some situations, your freedom could be at risk. Contact Greene Wilson Crow & Smith, P.A. to schedule a confidential consultation with one of our North Carolina military defense lawyers.