A court-martial has limited legal jurisdiction. It is like a civilian court, but it is for military members. If you are in the service and breach military regulations or commit a crime, a court-martial is the most severe legal process you will likely face. The military uses a system of non-judicial punishments for less serious breaches and offenses.
There are three types of military court-martial you could face. An experienced North Carolina military defense attorney can explain your rights and potential defenses for any level of court-martial proceedings you face.
What Are the Three Types of Military Court-Martial Proceedings?
The type of court-martial you face depends on the charges and other factors. The three military court-martials you could face are:
Summary Court-Martial
A summary court-martial is the least serious court-martial. It has limited jurisdiction over cases punishable by up to 30 days of confinement. Summary court-martials handle relatively minor offenses, such as petty theft, failure to obey orders, insubordinate conduct, minor assaults, and minor acts of disobedience.
A summary court-martial can result in up to 30 days of confinement. However, the court may impose other punishments, including forfeiture of pay and reduction in rank.
Special Court-Martial
A special court-martial represents an intermediate level of court-martial in the military justice system. Offenses tried as a special court-martial fall between summary and general court-martial offenses.
Unlike a general court-martial, a special court-martial can only hear cases with a maximum punishment of up to one year of confinement. Offenses include drug-related charges, larceny, assault, drunk driving, domestic violence, and unauthorized absences (AWOL).
The court may impose confinement for up to one year. It may also include a bad conduct discharge, reduction in rank, and forfeiture of pay as punishments.
General Court-Martial
A general court-martial is the highest level of court-martial used by the military justice system. General court-martials can hear any offense under the Uniform Code of Military Justice (UCMJ). Examples of offenses heard in a general court-martial include rape, murder, sexual assault of a child, and treason.
The court has a range of sentencing options for a general court-martial. Sentences may include a dishonorable discharge, lengthy confinement, reduction of rank, and forfeiture of pay. In capital offenses, the offender may receive the death penalty.
Do I Need a Military Defense Attorney for a Court-Martial?
You always need a defense attorney if you are facing a court-martial. Military members are appointed free military defense lawyers when they face a court-martial. However, you have the right to hire a private North Carolina military defense attorney.
Reasons to hire a private military defense attorney include, but are not limited to:
- The government has two prosecutors to your one free attorney
- The U.S. government has unlimited resources at a court-martial hearing, but the appointed defense counsel often has limited resources
- Appointed defense counsel may have minimal trial experience compared to the prosecutors in your case
- The appointed defense counsel needs to obtain approval to pay for expert witnesses and travel expenses for witnesses, unlike the prosecution
- Appointed counsel has a duty to defend you fully, but they are employed by the same organization that is charging and prosecuting you
You may not receive an appointed attorney until after charges are filed. However, you need legal advice during the investigation. A North Carolina private military defense attorney can give you that advice.
Call Our North Carolina Military Defense Attorneys for Help
Facing a military court-martial can be frightening and stressful. Hiring the right military attorney to handle your defense gives you the best chance of a positive outcome. Call Greene Wilson Crow & Smith, P.A. to schedule a consultation with our experienced North Carolina military defense attorneys to discuss your situation.