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What is the Difference Between NJP and Court-Martial

The difference between nonjudicial punishment and court-martial involves multiple factors that include who is going to be the decision maker to decide if that person has been proven guilty beyond a reasonable doubt, and also what the particular punishments are, and further, what are the possible consequences. Understanding that punishment and consequences can be different. … Read more

ucmj maximum punishment

What is the Maximum Punishment for Sexual Assault in the Military?

The uniform code of military justice authorizes a maximum punishment for rape, as life without eligibility for parole. Technically, there is also the possibility that someone being prosecuted for rape could face a death penalty level punishment, however most experts agree that death penalty for a rape case would not survive constitutional scrutiny. Until recent … Read more

ucmj appeals

Can You Appeal a Court-Martial

Military court martial convictions are able to be appealed. Depending upon the sentence that is announced in your case, there would be two separate avenues for appeal. If the sentence includes a punitive discharge, meaning a bad conduct discharge, or a dishonorable discharge, or if you receive an excess of six months in confinement, so … Read more

ucmj falsely accused

UCMJ Court-Martial Military Defense Attorney

Sexual assault is an outrage. It is a crime. I have no tolerance for this. We find out somebody is engaging in this stuff they’ve got to be held accountable, prosecuted, stripped of their positions, court martial, fired, dishonorably discharged, period. It’s not accepted. It’s hard to describe the feelings that you go through when … Read more

ucmj court martial process

What is the Court-Martial Process

When a person is facing court martial in the military, they should understand that the resources and weight of the United States government is being focused against them in order to achieve conviction punishment, which most often includes confinement and discharge. In the military, unlike in the civilian system, the military will roll right into … Read more

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Who Has the Authority to Convene a Court-Martial

The convening authority for a general court-martial is known as the General Court-martial Convening Authority, and in most cases is going to be the most senior level officer for the base. Some bases are large enough that they do have more than one general court-martial convening authority, but you’re going to be talking about an … Read more

choosing your court martial lawyer

Choosing Your Civilian Court-Martial Defense Lawyer

Even though military law is a fairly small specialty focus, the number of civilian attorneys that are hanging their shingle and practicing before military courts martial is on the rise. With internet advertising and many attorneys who offer global availability, you can find yourself overwhelmed by your options. To help you sift through potential candidates, … Read more