Winning a sexual assault court-martial can be challenging. Juries tend to side with alleged sexual assault victims. In the military, service members are trained to “believe the victim.” They are taught that false allegations of sexual assault do not exist. To win a sex crime case in the military, your defense lawyer can focus on several key areas:
In the military justice system, a court-martial follows procedures outlined in the Uniformed Code of Military Justice. All branches of service in the US military follow the same rules and procedures. Below are the general steps of a court-martial:
It depends. In the military, the typical felony-level criminal investigation lasts six months to a year. In more complex cases, an investigation can last a year or more. When an investigation is finished, it could take several weeks or even months to decide whether to prefer criminal charges.
If charges are preferred, the case will likely go to trial in the next 4-6 months. A significant factor impacting how long it takes to get a case to trial is the availability of the defense lawyers, the Military Judge, and witnesses.
A typical court-martial trial lasts 4-5 days. This depends on the case’s complexity, the number of witnesses, and whether a judge or jury will decide the case. In addition, some judges and lawyers are more efficient than others. Regardless, a court-martial trial rarely lasts longer than one week.
It depends. In the military, the typical felony-level criminal investigation lasts six months to a year. In more complex cases, an investigation can last a year or more. When an investigation is finished, it could take several weeks or even months to decide whether to prefer criminal charges.
If charges are preferred, the case will likely go to trial in the next 4-6 months. A significant factor impacting how long it takes to get a case to trial is the availability of the defense lawyers, the Military Judge, and witnesses.
A typical court-martial trial lasts 4-5 days. This depends on the case’s complexity, the number of witnesses, and whether a judge or jury will decide the case. In addition, some judges and lawyers are more efficient than others. Regardless, a court-martial trial rarely lasts longer than one week.
Yes. If you are convicted at a General or Special court-martial, the conviction will likely go on your criminal record. Depending on the type of court-martial and the exact charges, they may appear as Federal felony convictions or misdemeanors. Some military-specific crimes with no civilian equivalent may or may not appear as Federal convictions on a state arrest record. However, as a general rule, assume that all General and Special court-martial convictions will appear on a criminal background check.
Yes. If you are convicted at a General or Special court-martial, the conviction will likely go on your criminal record. Depending on the type of court-martial and the exact charges, they may appear as Federal felony convictions or misdemeanors. Some military-specific crimes with no civilian equivalent may or may not appear as Federal convictions on a state arrest record. However, as a general rule, assume that all General and Special court-martial convictions will appear on a criminal background check.
Yes. Court-martial proceedings are criminal proceedings that are open to both the general public and military service members. Like state and federal criminal trials, the public can watch nearly all parts of a court-martial proceeding. The main challenge civilians face when wanting to watch a court-martial is getting access to the military installation. Most installations require a base pass and/or an escort to enter the installation. If you are a civilian without a military ID, you should coordinate through the JAG office or the Public Affairs Office. Plan ahead and be prepared to jump through some hoops to gain access.
However, there are a few exceptions to this rule. Certain parts of a court-martial are closed to the public. For example, a hearing to determine the admissibility of a sexual assault victim’s sexual behavior under Military Rule of Evidence 412 (the Rape Shield Law) is closed to the public, and the record is sealed.
The media is allowed to watch court-martial proceedings. The media is usually required to contact the installation’s Public Affairs Office to coordinate access to the court-martial.
General court-martials
A general court-martial can adjudge the following punishments:
Special Court-Martial
A special courts-martial can adjudge the following punishments:
Summary Court-Martial
A summary court-martial can adjudge the following punishments:
Possibly, yes. It depends on the crime and level of court-martial. The military, unlike civilian courts, does not label offenses as “felonies” or “misdemeanors.” However, federal and most state laws define a “felony” as “any crime punishable by imprisonment in excess of one year or death.” Therefore, most General court-martial convictions would be considered felonies.
Possibly, yes. It depends on the crime and level of court-martial. The military, unlike civilian courts, does not label offenses as “felonies” or “misdemeanors.” However, federal and most state laws define a “felony” as “any crime punishable by imprisonment in excess of one year or death.” Therefore, most General court-martial convictions would be considered felonies.
Felony level offenses in the military include:
Very bad. A military court-martial is a serious criminal proceeding that can severely alter and potentially destroy your life as you know it. Many people do not understand how bad a court-martial conviction can be until it is too late.
There are three types of court-martial. The most serious is a General court-martial, the equivalent of a Federal Felony trial. The maximum punishments are life without parole, death, and a dishonorable discharge. A Special court-martial carries a maximum punishment of one year in prison and a Bad Conduct Discharge. A Summary Court-martial is the least serious court-martial and generally does not result in a Federal conviction.
If convicted at a General or Special court-martial, you will have a Federal conviction on your record. Also, you may not be able to possess a firearm or vote, and your job opportunities will be severely limited. A court-martial conviction cannot be expunged from your record. In summary, when someone asks, “How bad is a court martial?” The answer is simple. It can be very bad. The only way to limit and avoid some of these repercussions is to get the best legal representation possible as you go through the process.
Very bad. A military court-martial is a serious criminal proceeding that can severely alter and potentially destroy your life as you know it. Many people do not understand how bad a court-martial conviction can be until it is too late.
There are three types of court-martial. The most serious is a General court-martial, the equivalent of a Federal Felony trial. The maximum punishments are life without parole, death, and a dishonorable discharge. A Special court-martial carries a maximum punishment of one year in prison and a Bad Conduct Discharge. A Summary Court-martial is the least serious court-martial and generally does not result in a Federal conviction.
If convicted at a General or Special court-martial, you will have a Federal conviction on your record. Also, you may not be able to possess a firearm or vote, and your job opportunities will be severely limited. A court-martial conviction cannot be expunged from your record. In summary, when someone asks, “How bad is a court martial?” The answer is simple. It can be very bad. The only way to limit and avoid some of these repercussions is to get the best legal representation possible as you go through the process.
A court-martial conviction may result in serious life-altering consequences. In addition to the punishment given by the court-martial, the accused can suffer from lifelong collateral consequences as a result of the conviction.
We only represent service members facing military offenses and military administrative proceedings. We do not represent service members in State or Local court matters.