Joining the military grants you certain privileges in life, but it also holds you more accountable in turn. So it’s essential to know all of your legal rights, whether you’re serving overseas or in the United States. The Uniform Code of Military Justice (UCMJ) contains all the laws governing the military justice system. It provides the punishments for various crimes as well as procedural protections.
Navy criminal defense lawyers specialize in defending service members accused of military crimes. Some Navy court-martial attorney focus on protecting US Navy sailors from false accusations of military sexual assault and defending Article 120, UCMJ allegations in military courts. Due to the high standards and expectations, military members can face much longer sentences than civilians. If found guilty, they would also lose access to any pay and allowances. Here’s everything you need to know about the military justice system and the value of Navy military defense lawyers.
Court-Martial Overview
When a member of the military has been accused of a serious crime, they’re court-martialed. Less serious offenses are dealt with at a Non-Judicial Punishment (NJP). There are three different types of courts-martial, summary court-martial, special court-martial, and general court-martial.
A summary court-martial has one officer as judge and jury. A summary court-martial is usually utilized for less severe offenses above an NJP. Like any other court session, the accused can call for witnesses, testify, and hire an attorney to represent them. There is no free military attorney, however. The most common sentences are up to one month confinement, hard labor, or a loss of rank.
A special court-martial has three or more members in a panel and a military judge. Punishments can range from a Bad Conduct Discharge up to confinement of over a year. General courts-martial sessions have more than five members in a panel and a judge. This type acts as a felony court, with the worst sentence being death.
Collateral Consequences of a Military Conviction
Loss of all veteran and government benefits
Loss of disability and unemployment benefits
Loss of voting rights.
Loss of the ability to legally own or possess firearms.
Inability to qualify for bank loans or college financial aid.
Difficulty in obtaining meaningful employment.
Criminal records will remain in law enforcement databases.
Military Justice System vs. Civilian Court
The biggest difference between the military justice system and your ordinary civilian court is the expectations and punishments. In the military, there’s a big focus on discipline. A Navy sailor may go to court for repeatedly showing up to work late or disrespect. They can also end up imprisoned for desertion, missing movement, fraternization, AWOL, and various General Article 134 UCMJ offenses.
Navy Criminal Defense Lawyers
The overall goal of the Navy’s military justice system is to maintain good order and discipline within the Navy. In civilian court, legal proceedings are meant to resolve disputes and hold people accountable. While a unanimous vote is required to be found guilty in civilian court, it’s not necessary for military courts. A three-fourths vote is required for a sentence of life imprisonment, and all else requires a two-thirds vote. The death penalty is the only thing that requires unanimity.
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What Happens if You’re Suspected of a Crime in the Navy?
Navy criminal defense lawyers and other military defense lawyers specialize in dealing with the intricacies of the military justice court-martial system. Not only can someone get accused of civilian crimes, but they also have to face military offenses. Combine the two, and you have a serious accusation that can derail your entire life. for example, military sexual assault can mean imprisonment and losing any privileges earned in your time in the Navy. Here’s what can happen if you’re suspected of a serious crime while in the Navy.
Sexual Assault in the Navy
Military sexual assault is taken very seriously. Punishment for such can range from dishonorable discharge to prison time. It may even result in a lifetime prison term. In a military sexual assault case, the prosecution must prove that you’ve committed the accused crime beyond a reasonable doubt. As such, an accusation doesn’t mean the end of everything.
One of the most important defenses in a military sexual assault or rape case is mistake of fact as to consent. In other words, you believed that the alleged victim had consented and that you had no intent to commit a crime. Our experienced military sexual assault lawyers can walk you through the process and advise you on your defenses.
Collateral Consequences of Sex Offender Registration:
Denied housing
Loss of family
Isolation
No educational opportunities
Unemployable
Physical assault
Increased homelessness
Harassment
Financial hardship
Stigmatization
The decline in mental health
No internet access
Deterioration of social bonds
Loss of residency
Drug Offenses
All branches of the military have a zero-tolerance policy towards controlled substances. Even though marijuana is now legal in certain states, the military discharges service members who fail drug tests.
Not only can drug offenses ruin your military career, but they can also land you in prison. Moreover, since the military operates separately from the civilian court, it can serve more serious punishments for drug use.
General court-martial maximum sentence:
Dishonorable discharge (enlisted)
Dismissal (officers)
A Dishonorable Discharge or Dismissal is mandatory for certain sexual offenses.
Total Forfeiture of all pay and allowances
Confinement for life without eligibility for parole
Death
Reduction to the grade of E-1
A fine
A reprimand
Hard about without confinement
Restriction
If convicted of certain sexual offenses, the service member has to register as a sex offender.
Desertion and AWOL
Desertion is one of the worst crimes you can commit during wartime, possibly landing you a death sentence. Outside of war, the maximum punishment is dishonorable discharge, loss of pay, and five-year imprisonment.
A member may be considered AWOL if they’ve failed to go to an appointed place, left an appointed place, or otherwise abandoned their post. Similar to desertion, it could lead to your dishonorable discharge and one-year confinement.
More often than not, the result of desertion or AWOL is an administrative discharge, otherwise known as administrative separation.
Administrative Separations
The military judge or panel, at a General court-martial, can sentence the accused to a bad conduct or dishonorable discharge. However, the command may also opt for administrative separations. A dishonorable discharge is a punitive discharge. It can only get handed down in a general court-martial in response to a serious offense.
However, an administrative separation is more akin to getting fired from your job in the Navy. While it’s less severe than a court-martial conviction and punitive discharge, it can still negatively affect your employment opportunities. If you hear that you’re being considered for administrative separations, reach out to court-martial lawyers as soon as possible. Depending on the severity of the accusations, you may get barred from reenlisting in the future or receiving veterans’ benefits.
Finding Navy Criminal Defense Lawyers
Facing prosecution by a military court-martial is a stressful experience. A Navy court-martial can result in not only losing your career but also possible jail time. When you’re a Navy sailor accused of a criminal offense in violation of the Uniformed Code of Military Justice, reach out to the best Navy criminal defense lawyers available. They can help prove your innocence and contest the charges.
The Navy court-martial lawyers at González & Waddington have years of experience defending cases in military courts worldwide. Contact one of our military defense attorneys today if you’re accused of a military sex crime or any other offense under the UCMJ.
Punishments if convicted in a military court-martial.
Summary court-martial maximum sentence:
One month confinement
Hard labor without confinement for 45 days,
Restriction for two months
Forfeiture of two-thirds of 1 month’s pay.
Enlisted members above E-4 may not be sentenced to confinement, hard labor without confinement, or reduced pay grade beyond one pay grade.
Special court-martial maximum sentence:
Bad Conduct Discharge (enlisted)
Forfeiture of two-thirds pay
Confinement for twelve months
Reduction to the grade of E-1
A fine
A reprimand
Hard about without confinement
Restriction
If convicted of certain sexual offenses, the service member has to register as a sex offender.
Our Navy court-martial defense attorneys defend Sailors at the following Navy bases worldwide:
California Navy Bases
Military Ocean Terminal Concord
NAWS China Lake
NB San Diego
NB Coronado
NB Point Loma
Naval Medical Center San Diego
NAF El Centro
NAS Lemoore
Naval Support Activity Monterey
NWS Seal Beach
NB Ventura County
NAS Point Mugu
NCBC Port Hueneme
NOLF San Nicolas Island
NSWC Corona
Connecticut Navy Bases
NSB New London
Washington, D.C. Navy Bases
United States Naval Observatory
Naval Support Facility Anacosta
Washington Navy Yard
Florida Navy Bases
Corry Station NTTC
NAS Jacksonville
NAS Key West
NS Mayport
NSA Orlando
NSA Panama City
NAS Pensacola
NAS Whiting Field
Georgia Navy Bases
NSB Kings Bay
Guam Navy Bases
NB Guam
Hawaii Navy Bases
Naval Computer and Telecommunications Area Master Station Pacific
Pacific Missile Range Facility
NB Pearl Harbor
NSGA Kunia
Illinois Navy Bases
NS Great Lakes
Louisiana Navy Bases
NASJRB New Orleans
Naval Support Activity New Orleans
Maine Navy Bases
Portsmouth NSY
Maryland Navy Bases
Indian Head NSWC
National Naval Medical Center
Navy Information Operations Command Maryland
Naval Support Facility Thurmont
NSWC Carderock Division
NAS Patuxent River
United States Naval Academy, Annapolis
Mississippi Navy Bases
Naval Construction Battalion Center Gulfport
NAS Meridian
Nevada Navy Bases
NAS Fallon
New Jersey Navy Bases
NWS Earle
Naval Air Engineering Station Lakehurst (part of Joint Base McGuire-Dix-Lakehurst (JB MDL))
Pennsylvania Navy Bases
Naval Support Activity Mechanicsburg
Naval Support Activity Philadelphia
Philadelphia Naval Shipyard
Rhode Island Navy Bases
NS Newport
South Carolina Navy Bases
Naval Support Activity Charleston
USNH Beaufort
Tennessee Navy Bases
NSA Mid-South
Texas Navy Bases
NAS Corpus Christi
NASJRB Fort Worth
NAS Kingsville
METC Fort Sam Houston, TX
Virginia Navy Bases
The Pentagon
Navy Annex Arlington, Virginia
NAS Oceana
Navy and Marine Corps Intelligence Training Center, Dam Neck, Virginia
NAB Little Creek
Naval Medical Center Portsmouth, Virginia (NMCP)
Norfolk Naval Shipyard
NSGA Chesapeake
NS Norfolk
NSWC Dahlgren Division
NWS Yorktown
Training Support Center Hampton Roads, formerly Fleet Combat Training Center Atlantic Dam Neck
Wallops Island ASCS
Washington Navy Bases
NS Everett
NB Kitsap
Bangor Annex
Bremerton Annex
Puget Sound NSY
NAS Whidbey Island
West Virginia Navy Bases
Navy Information Operations Command Sugar Grove
Overseas US Navy Installations:
NSA Bahrain
Mina Sulman, Bahrain
Bahrain
NCTS Bahrain, Bahrain
NSF Diego Garcia, British Indian Ocean Territory
Cairo, Egypt
Guantanamo Bay, Cuba
Camp Lemonnier, Djibouti
NSA Souda Bay, Greece
Ship Support Office Hong Kong
NSA Capodichino, Italy
Gricignano Support Site, Italy
NSA Naples, Italy
NSA Gaeta, Italy
NAS Sigonella, Italy
Augusta Bay Port Facility, Italy
NCTS Naples, Italy
NAF Atsugi, Japan
NSF Kamiseya, Japan
NAF Misawa, Japan
CFA Okinawa, Japan
CFA Sasebo, Sasebo, Japan
CFA Yokosuka, Yokosuka, Japan
Naval Computer and Telecommunications Station Yokosuka, Japan
CFA Chinhae, Republic of Korea (South Korea)
Kuwait NB, Kuwait
Masirah, Oman
Doha IAP, Qatar
King Abdul Aziz IAP, Jeddah, Saudi Arabia
King Fahd NB, Jeddah, Saudi Arabia
Sembawang Naval Base, Singapore
NS Rota, Spain
Fujairah IAP, United Arab Emirates
Jebel Ali Port Facility, United Arab Emirates
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We only represent service members facing military offenses and military administrative proceedings. We do not represent service members in State or Local court matters.
