Special Courts Martial Attorneys
The Special Courts Martial is the most commonly used type of courts martial
in the military. It is an intermediate court level for charges that are
not as severe as in a General Courts Martial. There may not always be
an Article 32 investigation prior to this type of courts martial, as it
depends on the severity of the crime. This trial is also presided over
by a military judge, a prosecutor and a defense counsel as well as a jury,
known as court members.
The accused has the option of requesting that the court be composed of
at least one-third enlisted personnel, or he may request his trial be
tried by a judge alone. When facing charges that result in a Special Court
Martial, you would be best served by retaining a
military legal defense lawyer to ensure you are competently and skillfully represented.
Although you are entitled to a court-appointed military attorney at no
charge, these legal personnel can be inexperienced, which could result
in an unnecessary conviction or receiving a harsher penalty than you would
have otherwise. Our law firm has extensive legal experience handling military
matters worldwide and can be available for your defense wherever you are
Military Criminal Defense Lawyer Handling Courts Martial
When facing a Special Court-Martial, you will be looking at the possibility
of stiff penalties and even confinement if convicted. Conviction requires
a two-thirds vote of the jury. If convicted, the sentence also requires
a two-thirds vote agreement. This type of court-martial limits the maximum
sentence to no more than one year of imprisonment.
There can also be penalties levied, such as giving up two-thirds of basic
monthly pay for one year or receiving a bad conduct discharge. A conviction
will result in a criminal history on the individual’s record for
the rest of his or her life.
When facing a Special Court-Martial, obtaining qualified legal counsel
who have the experience and know-how to aggressively pursue a strong defense
on your behalf is vital. Don’t delay in contacting our office for
competent and caring legal help any time you need it.