Facing an Army Court Martial? Here’s What You Need to Know

Military members accused of crimes could be tried in civilian court in the state where they committed the crime. They may also face a military court-martial. If you or a family member in the service has been arrested for a crime, it is crucial that you understand the court-martial process. Your military career and freedom depend on understanding your rights and your legal options for a defense.

What Is an Army Court-Martial?

The UCMJ gives military courts jurisdiction over any crime committed by military service members. However, violations of state law are subject to trials in state court. Therefore, if you violate the Texas Penal Code while you are in the army, you could be tried in a Texas state court. However, you could also be subject to an army court-martial.

In other words, you could be tried twice for the same crime. Because two different judicial entities are trying you, double jeopardy would not apply.

What Is the Process for an Army Court-Martial?

If you are accused of violating the Uniform Code of Military Justice (UCMJ) or a state law, you are referred to your Commanding Officer. Your Commanding Officer reviews the alleged charges to determine if there is probable cause to proceed with an action against you. If so, you are confined for up to 72 hours while the charges are referred to a convening authority.

You are brought before a convening authority for the charges to be read to you. The charges are read to you in front of an unbiased third party and a Commanding Officer. Your case is assigned to one of three levels of court-martial to hear your case. The level of the court-martial depends on the severity and type of crime you are accused of committing. The levels of court-martial are:

• General Courts-Martial – The most serious crimes are heard at the General Courts-Martial level, such as robbery, murder, and distribution of drugs. A judge can try you, or you may choose to have a jury trial. The jury consists of at least five military peers.
• Special Courts-Martial – This court hears moderately serious crimes, including battery, drug use, insubordination, and assault. You may request a bench trial by a judge or a jury trial. The jury consists of a military judge and at least three officers.
• Summary Courts-Martial – Lesser crimes are heard at this level. Crimes include minor infractions and misconduct. At this level, a commissioned officer hears and decides the case. There is no judge or jury at this level.

You are entitled to present a defense during an army court-martial. You are entitled to representation by a military defense attorney. However, you may also hire a civilian military defense lawyer. For example, you may hire a Texas criminal defense lawyer with experience in military court-martials to assist in your defense.

What Are the Potential Penalties for an Army Court-Martial?

The penalties you face depend on the crime you committed and the level of the court-martial. Each level is subject to maximum penalties.

General Courts-Martial can result in lifetime confinement, reduction of pay to the lowest grade, dishonorable discharge, and forfeiture of all allowances and pay. You could also face the death penalty for some crimes.

Special Courts-Martial can result in up to one year of confinement and a bad conduct discharge. You may also be required to forfeit two-thirds of your pay for one year or have your pay reduced to the lowest grade.

Summary Courts-Martial can result in hard labor or confinement for up to one month. You may also have to forfeit two-thirds of your pay for one month and have your pay reduced to the lowest grade.

The penalties for a court-martial can be severe. You need experienced legal counsel as soon as possible. Do not wait until you are arrested to seek legal advice. Contact a civilian criminal defense lawyer with experience in military court procedures and laws immediately. Legal counsel early in your case could significantly improve your chances of a positive outcome.