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7 Types of Penalties & Enhancements for Robbery

The State of California views robbery as a serious crime. As such, the repercussions and penalties for committing this crime can be severe, depending on the specific circumstances of the offense.

In addition, there is a possibility of several sentence enhancements, based on certain aggravating factors during the commission of the crime, which can increase the severity of the sentence and result in even harsher punishment.

Working with an experienced lawyer specialized in criminal defense, as well as understanding the different types of penalties and enhancements for robbery is essential to developing a strong defense strategy and minimizing the potential consequences of a conviction.

What are the possible penalties for robbery?

The specific penalties for robbery in California depend on several factors, the defining ones being:

• The type of robbery committed;
• Utilization of a weapon during the commission of the crime;
• Injuries or death that occurred as a result of the crime;
• Other aggravating factors.

Base Penalties

California law defines several different types of robberies and each leads to a prison sentence, depending on the circumstances of the crime, as follows:

• First-degree robbery: up to 9 years in state prison;
• Second-degree robbery: up to 5 years in the state penitentiary;
• Carjacking: a prison sentence of 3-9 years;
• Armed robbery: a prison sentence of up to 9 years;
• Gang-related robbery: up to 9 years in prison.

It is important to note that said penalties are default only if there are no aggravating factors, such as crimes directly related to or resulting from attempted or committed robbery.

What are potential sentence enhancements for robbery?

If certain aggravating factors are present in a robbery case, they may call for sentence enhancements designed to increase the severity of the punishment. Some of the most common aggravating factors include (but aren’t limited to):

• The use of a deadly weapon: If a person uses a deadly weapon (e.g. knife, club, etc.) during a robbery, they may receive a sentence enhancement of up to 3 years in prison;
• The use of firearms: Under California’s “10-20-life” law, any person who uses a firearm to commit a robbery must receive a sentence enhancement of 10 years, 20 years, or life in prison, based on the specific circumstances of the case;
• The victim was elderly or disabled: Robbing an elderly or disabled person calls for sentence enhancement of up to 5 years in prison;
• Prior convictions: If the defendant has prior robbery convictions on their record, they may face additional 2-5 years in prison for each subsequent robbery conviction;
• Robbery committed during parole/probation: The sentence enhancement for this type of crime is determined on a per-case basis but, in general, results in additional 2-5 years in prison;
• Multiple victims: If there are multiple victims in the robbery, the defendant may face enhancements of up to 3 years in prison for each additional victim;
• Great bodily injury: Severe bodily harm to the victim of the robbery calls for an enhancement of up to 6 years in state prison.

Where in San Diego can I find a lawyer specializing in criminal defense cases?

If you or someone you know is facing robbery charges, it is crucial to have an experienced and dedicated criminal defense attorney who can help you understand the potential penalties and enhancements you may be facing. In San Diego, you won’t find anyone better suited to take up your case than Monder Criminal Lawyer Group.

Our team handled thousands of robbery cases over the years which made us uniquely adept at navigating California’s legal system and its nuances. We are ready to put all our collective knowledge and experience at your disposal to find the best possible resolution for your predicament.

Don’t leave your defense to chance, especially when the stakes are this high. Reach out to us today or visit our headquarters across the road from the historic Balboa Theatre and ensure strong defense by a team committed to your well-being.

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5 Types of Robbery Charges in California

Robbery is considered a serious crime and, as such, can result in severe repercussions under California law. However, while said felony always carries considerable penalties, not all types of robberies are the same.

When you’ve been accused of committing the crime, understanding the types of robbery charges will give your criminal defense attorney in San Diego a good basis to mount a strong defense and ensure a fair legal process that will protect your rights.

What is the definition of robbery in California?

Under California Penal Code §211 PC, the definition of robbery is: “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”

In other words, for the act to be considered “robbery” in California, it must fulfill all of the following criteria:

• Intention to take another person’s property: A person must make a conscious choice to permanently deprive the victim of their property or to remove the property long enough that its owner cannot enjoy its value and benefits;
• Appropriation of personal property: The act must involve taking something that belongs to the victim (e.g. money, jewelry, phone, laptop, etc.);
• From a person or their immediate vicinity: The property must be taken from a person’s direct control (e.g. from their hands or pocket), or from a nearby location (e.g. their desk or shelf);
• Against the victim’s will: The victim must not have consented to the taking of their property;
• The use of force or fear: Elements of physical violence (e.g. hitting a victim) or intimidation (e.g. brandishing a weapon or threatening to harm the victim or their family) must be present.

What are the different types of robberies in California?

While every robbery involves taking someone else’s possession against their will, the specific circumstances surrounding the crime can and will impact the severity of charges and potential penalties upon conviction.

For these reasons, California law defines several different types of robberies, most commonly:

• First-degree robbery: Taking the property of someone who is using or just used an ATM, who is in their residence, or who is in a vehicle (i.e. driver or passenger);
• Second-degree robbery: Taking the property of someone who is not in their residence or using an ATM, and can also involve theft from a business or other non-personal property;
• Armed robbery: Using a weapon (such as a gun or knife) to take another one’s property;
• Carjacking: Taking a motor vehicle from another person by means of force or fear;
• Gang-related robbery: A robbery committed by a member of a criminal gang or for the benefit of the criminal gang.

Which criminal defense attorney in San Diego can best help me realize my legal rights?

Whether you wish to know more about robbery and offenses related to it or need an expert legal team to best represent you in the court of law, Monder Criminal Lawyer Group of San Diego should be your first choice.

Our team is composed of dedicated and highly experienced attorneys who are always ready to investigate the circumstances of your case, challenge the evidence presented by the prosecution, and negotiate with the court on your behalf.

If you wish to ensure that your rights are protected and that you receive a fair legal process, be sure to reach out to us today or pay us a visit at our office in the heart of San Diego’s Gaslamp Quarter and we’ll be sure to employ all our knowledge and resources to give your case the best chance of a positive outcome.

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Potential Punishments for Embezzlement

Embezzlement offenses refer to theft crimes that can result in serious penalties. A convicted individual can face strict fines or a prison sentence. Conviction also earns you a criminal record which can make it difficult for you to get employment henceforth.

While every case is different, if you face these charges in San Diego, CA, your rights and freedom are at risk. However, hiring an experienced defense attorney can help you apply the right strategies and avoid conviction and punishment. Read on to learn more about the potential penalties for embezzlement. 

What are potential punishments for embezzlement in CA?

Embezzlement can occur in different forms and can involve small or large amounts of funds or property. Depending on the type or value of the property and whether there were any aggravating factors involved you can face different penalties:

Petty theft

Misappropriating the value of up to $400 is considered petty theft and can result in:

• A maximum of $1,000 fine
• Up to one year of county jail imprisonment
• Summary probation

In case the worth of the embezzled property was under $50, embezzlement can be reduced to infraction, earning you a fine of up to $250 with no jail time. 

Grand theft

When the embezzled value exceeds $400, the crime can be charged as a misdemeanor or felony. This depends on your previous criminal records and the vulnerability of the injured party. 

In case of a misdemeanor, you can get:

• A fine of up to $1,000
• Up to 1 year of county jail

A felony can earn you:

• A fine of up to $10,000
• Up to 3 years of state prison

Embezzlement in the fourth degree

If the value exceeds $1,000, you’re facing charges for grand larceny embezzlement in the fourth degree, which is a class E felony. The potential penalties include from 4 months to 4 years of imprisonment or 2 to 4 years in case you’ve been convicted of a felony before. 

Embezzlement in the third degree

When the worth of the stolen property is between $3,000 and $50,000, these charges fall into a class D felony. If convicted, you can get a prison sentence from 2 years and 4 months to 7 years. 

Embezzlement in the second degree

This class C felony refers to the situations where value exceeds $50,000 but is less than $1,000,000. The justice system considers this level of fraud very serious as it can cause irreparable damage to an individual or a business. The potential penalty is 5 to 15 years of imprisonment. 

Embezzlement in the first degree

This first-degree offense is a class B felony where the value of the stolen property exceeds $1,000,000. The punishment for this felony ranges from 8 years and 4 months to 25 years of imprisonment or 12 and a half to 25 years if you’ve been previously convicted. 

Where in San Diego, CA, can I hire an experienced defense attorney?

Monder Criminal Law Group is a team of knowledgeable and experienced lawyers who will approach your case with utmost professionalism and dedication be it embezzlement, an offense that’s related to it, or any other type of breach. We’ll work closely with you to meticulously analyze all the details and develop the most efficient defense strategy and defend your rights accordingly. 

Feel free to reach out to our reliable specialists and visit our office close to the San Diego Repertory Theatre to let us know all about your specific case. We offer free consultations and unmitigated support every step of the way. Contact us today!

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4 Defense Strategies for Embezzlement

Embezzlement or employee theft refers to the misappropriation of funds that belong to another party. While it’s an offense typically brought against an employee, you can also be charged with it if you’re not an employee, but have a fiduciary responsibility. 

If you’re facing embezzlement charges, reaching out to a trustworthy defense attorney in San Diego, CA, is an essential step, but so is learning more about the potential defense methods to carry out your case successfully. Keep reading to learn more about some of the best strategies. 

What are some effective defense methods for embezzlement?

Embezzlement is a serious crime that requires a careful analysis by your legal representative and a thorough plan that your lawyer will develop working closely with you. It’s possible to opt for several different strategies, based on the particularities of your individual case:

Lack of intent

If the court finds there’s enough evidence that proves your intent to deprive the owner of their property, it’s sufficient to prove you guilty of committing the crime. However, your lawyer can argue there wasn’t any specific intent from your side to convert the owner’s property to your own use. 

While this method can be complicated, when successful, it negates the existence of your intent and most likely results in dropping the charges against you. 

Good faith belief

Your legal representative can make a strong case by proving you had a good faith belief that you were acting in accordance with the owner’s authorization to utilize their property the way you did. In this case, the court will carefully analyze all the existing facts you were aware of at the time you took possession of the property. 

However, if the court finds that you were aware of the crucial facts, this isn’t a good strategy to pursue. 

False facts

Your lawyer can argue that the charges against you are based on false accusations and inaccurate or misleading evidence. Sometimes, the allegedly injured party can accuse you of this crime because they may be motivated by revenge or anger, or they’re be confused about who took their property or that the property was taken at all. 

An experienced and reliable lawyer can demonstrate to the jury and the judge that you have been wrongly accused of the crime and that the charges against you should be dropped. 

Entrapment

Entrapment is the situation where the government coerces an unwilling and innocent person into misappropriating funds they wouldn’t have willingly taken otherwise. It’s possible to apply two types of tests to determine whether entrapment has taken place. 

The subjective test focuses on the state of mind of the accused person and it’s possible to claim entrapment if the person had no predisposition to perpetrate the crime. 

The objective test focuses on the conduct of the government. Claiming entrapment is attainable when government officers’ actions cause an otherwise law-abiding individual to commit a crime.

Where can I find a trustworthy defense attorney in San Diego, CA?

When the court finds you guilty of embezzlement or an embezzlement-related offense, you can face a harsh sentence, which is one of the reasons you should hire an experienced and reliable legal representative. At Monder Criminal Law Group, our team of dedicated lawyers will thoroughly analyze your case together with you to get a clear image of all the essential details and build a strong defense strategy. We’ll also provide you with crucial information regarding the offense.

We’re a stroll away from the Balboa Theatre, so feel free to stop by our office for a free consultation. Reach out to us today! 

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5 Related Offenses to Embezzlement

Embezzlement is clearly defined under the California Penal Code (CPC) §503. However, there are several crimes in CA law that are often charged as CPC §503 or, even, together with it, since embezzlement can be punished either as a felony or a misdemeanor.

Due to these common characteristics, every reputable San Diego defense attorney will describe said crimes as “related”. Today, we’ll break down these offenses and see what connects them to embezzlement.

Which offenses are related to embezzlement in California?

There are several instances of embezzlement-related offenses defined by the California Penal Code. The most common ones are:

• Burglary (CPC §459);
• Forgery (CPC §479);
• Misappropriation of Public Funds (CPC §424);
• Receiving Stolen Property (CPC §496(a));
• Extortion (CPC §518);

Each of the above offenses contains some elements of embezzlement and can be tried as such if proven beyond a reasonable doubt.

Burglary

Burglary is defined as “entering the building with the intent to commit theft or felony inside the structure”. This offense is related to embezzlement in two ways:

• There is intent to commit a crime (formed before or at the time of entering the premise);
• Involves acquiring possession in the amount equivalent to embezzlement minimum.

These two factors can allow the person to be charged with both offenses in the same trial.

Forgery

Forgery is an act of falsifying the signature of another person, counterfeiting the seal or documents with the intent to deceive a person (or entity), usually for personal gain. Here the relation to embezzlement is obvious. There is clear intent to commit a crime and acquire entrusted property. Therefore, the prosecution can charge a person with both in the same trial.

Misappropriation Of Public Funds

Taking public money for personal or another person’s use, loaning it, or profiting from it in any way without legal authority is considered Misappropriation of Public Funds. It relates to embezzlement due to the intention, and the possibility to acquire public money entrusted to a person. As such, one can be punished for embezzlement and Misappropriation of Public Funds as part of the same sentence.

Receiving Stolen Property

Receiving Stolen Property is when a person buys or accepts property that has been illegally obtained (stolen, extorted, etc.) knowing how it was acquired. The same applies if a person is hiding or withholding said property from its rightful owner, or helping someone do the same.

Since an embezzled property can be resold, both offenses can be a part of the same charge. Also, similarly to embezzlement, Receiving Stolen Property can be tried as a misdemeanor or a felony.

Extortion

Extortion may take many forms but, at the core, involves a person using force, fear, or a claim of an official right to obtain the property of another. This offense can be a part of an embezzlement scheme or standalone and allows the prosecution to charge a person with both in the same trial.

Which San Diego defense attorney can help me build a strong case?

Embezzlement charges demand effective defense by some of the most experienced and dedicated attorneys. In San Diego, you can find your defense team at Monder Criminal Lawyer Group. We are well-seasoned professionals with a track record of excellence and we’re proving ourselves time and time again.

If you find yourself in the vicinity of the Alonzo Horton Statue, feel free to visit our offices and schedule a free consultation with one of our experienced attorneys who’ll aggressively defend your rights and your innocence at the court of law.

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Elements of Embezzlement in California Explained

Embezzlement is a burning issue in all of the US and not just in California. In fact, this type of crime is so common that it costs US businesses approximately $400 billion a year, according to the National White Collar Crime Center’s estimate.

However, while common, this offense is also commonly misunderstood and/or misinterpreted, which can lead to lengthy, tiresome, and often unnecessary trials, even if the defendant has the finest defense attorney San Diego can offer.

Therefore, it is imperative that both employers and employees understand what embezzlement entails, and this guide aims to help with that.

What is the definition of embezzlement in California?

Embezzlement is considered a white-collar crime and is defined under California Penal Code (CPC) §503 as “the fraudulent appropriation of property by a person to whom it has been entrusted.”

Potential punishments for the crime of embezzlement depend on the amount in question and are as follows:

• For the value of the embezzled property of $950 and above, the offense is considered a felony and charged as such;
• If the embezzled property value is lower than $950 the offense will be considered a misdemeanor.

Felony embezzlement is chargeable with jail time and/or a fine of up to $10,000, depending on the facts of the case and the existence of offenses tied to embezzlement.

What are some common forms of embezzlement?

Embezzlement can take many forms. However, the most common are:

• The diversion/siphoning of funds (e.g. A cashier takes the money from the cash register and spends it on a night out);
• The misappropriation of goods (e.g. A person you hired to wash your car takes it for a joyride without returning it);
• The misuse of credit cards and other forms of access to funds (e.g. An elderly gives their credit card to a hired caretaker to buy groceries, and they use it to pay their bills).

Of course, there are other forms of embezzlement. Such is the case with the notorious Ponzi Scheme. Here, a person is (or, more often, poses as) a financial advisor, promising astronomical gains in order to get the victim to entrust their finances in their care, only to later disappear with their hard-earned money. While certainly  “famous”, this type of embezzlement is less common.

What’s The Difference Between Theft and Embezzlement?

As it stands, embezzlement has some similarities to theft. However, they are two different crimes that carry different penalties for the offender.

• Theft is the act of taking something from someone without their permission. It is usually done by stealth, or by means of force or trickery.
• Embezzlement is the act of dishonestly appropriating property entrusted to one’s care, such as money or goods.

What are the elements of embezzlement in CA?

For the offense to qualify as embezzlement under California law, it must fulfill all of the following criteria:

• A property owner entrusted their property to the defendant;
• The owner entrusted their property to the defendant because they trusted them;
• The defendant fraudulently converted or used the property in question for their own gain;
• The defendant had the intention to deprive the owner of said property.

This makes proving one of the above facts untrue the most common embezzlement defense strategy.

Who is the leading embezzlement defense attorney in San Diego, CA?

When facing embezzlement charges, it is of critical importance to understand what the process entails, how it works, and what the options are. Monder Criminal Lawyer Group is an award-winning team of well-established attorneys, ready to put our collective knowledge and experience to good use for your benefit.

Come to our office at the heart of San Diego’s historic Gaslamp Quarter and ensure you have the dedicated defense team that you deserve.

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4 Important Considerations for Choosing a Court Martial Lawyer

While the military will provide a free lawyer to defend you, this may not always be the best solution, particularly if they don’t have the time, motivation, or experience to defend your case with dedication. This is why you should consider researching a dependable office in San Diego that consists of experts specialized in military defense to choose your trusted attorney. 

However, to do your research properly and choose the best option available, you should be aware of the essential traits of a reliable court martial lawyer.

How do I choose a civilian lawyer for court martial proceedings?

While you have the right to choose both the appointed and the civilian lawyer and double your forces, it’s still important to make a careful selection:

Research

Make sure to do some thorough research. Your starting point can be the internet. It will require some time and effort, but since it’s your reputation and career that are at stake, the endeavor is worth it. Keep in mind that you don’t need to confine your search to your geographic area, since military lawyers can practice worldwide.

Focus on military experience

Having substantial experience in the field is crucial for a successful defense strategy. Check if  your potential lawyer has had military cases before and skim through the available testimonials. If you can find cases with issues similar to yours, then you’re on the right track to hiring the perfect lawyer for you.

In addition, it’s a great advantage if they were in the military themselves, since they’ll relate to you in a way that lawyers without such experience wouldn’t be able to.

Apart from testimonials and reviews, you can also check if a lawyer has been featured in publications or on TV, since the media typically approach the most adept experts to cover stories regarding military law.

Ask for recommendations

Asking around is one of the best ways to find exactly what you need. If any of your family, friends, or service members had experience with military lawyers before, they can give you some useful advice on who to look for or to avoid. 

If they had a positive experience, ask them what it was like and why they admired them. Your colleagues, family, and friends will provide you with honest evaluations that can be of crucial importance.

Speak to the lawyer

You want to make sure that you feel comfortable working with your legal representative, so it’s best to meet with them if possible. If not, then at least speak to them over the phone. Trust is the vital point of a lawyer-client relationship, and if you don’t seem to find it with your lawyer, it’s better to move on. 

Your representative should also be able to communicate with you as a fellow person rather than in legal terms which can be confusing, since it’s important that you know exactly what goes on at any point of the process.

Where in San Diego can I find a trusted military defense attorney?

Making the right decision when choosing an experienced and reputable lawyer to defend you before the court martial process is one of the most important steps to take. However, it’s also necessary that you learn about the court martial process in detail and study the different types of it. Our experienced specialists at Monder Criminal Lawyer Group will help you through every single stage of the process and make sure you receive the care you deserve. 

We’re minutes away from The New Children’s Museum, so feel free to stop by our office and tell us your story.

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Your Rights Before the Court Martial Process

When you’re facing charges as a military member, it’s strongly advisable to hire a reputable military defense attorney in San Diego and thoroughly prepare for the court martial process that’s ahead of you. One of the initial and most essential parts of devising an efficient strategy is getting to know your rights before the court.

What rights do I have in court martial proceedings?

You have four options to choose from during the court martial process, and you should thoroughly discuss each of them with your lawyer:

The right to an attorney

Every member facing charges has the right to a uniformed lawyer free of charge. This lawyer is provided by the military, and you can choose to accept them, hire a civilian alternative, or do both. 

What matters is that you opt for an expert you feel comfortable with and who you believe can deliver the best possible service. Look for a lawyer with considerable experience in military law to be your legal representative. 

The right to plead guilty or not guilty

The decision to plead guilty or not guilty is completely up to you. You can seek advice from your lawyer who will analyze the available evidence and provide their opinion. Normally, they’ll advise you to plead not guilty if you believe yourself not to be so under a moral obligation. 

At times, pleading guilty can have some advantages. To do so, you must swear in and testify to persuade the judge of your plea. Once you plead guilty, you give up your constitutional right to a trial by your peers, and the prosecution doesn’t have to go through the process of proving guilt beyond a reasonable doubt.

You need to take into consideration a lot of factors to make the best decision on your plea, and your lawyer will help you reach an informed decision. 

The right to remain silent

It is always wise to remain silent until the beginning of your trial. This way, you don’t risk jeopardizing your case in any way. However, you can also choose to remain silent during the trial, which will force the prosecution to try to prove guilt beyond a reasonable doubt. You can also choose to testify, and the lawyer will then prepare you to take the stand.

During the phase of sentencing, you can also opt between remaining silent and testifying. In the latter case, you provide an unsworn statement which the prosecution can’t cross-examine.

The right to decide on the court’s panel

You have the right to choose the makeup of the court’s panel. You can choose to exclusively have officers on the panel or to have only a judge. This decision highly depends on the particularities of an individual case.

However, for technical defense, it’s normally more convenient to opt for a judge instead of a panel. Panel is typically more likely to hand down a more lenient sentence. In any case, you should base your decision on the particular circumstances of your case.

Who is the most notable military defense attorney in San Diego?

Preparing an efficient defense strategy for the court martial process requires that you understand what a court martial is and what the process includes. However, another crucial step is hiring an experienced and trustworthy attorney to defend your case. Our dedicated team of seasoned lawyers at Monder Criminal Lawyer Group takes every single case with utmost care and goes above and beyond to give you peace of mind. 

Take a peaceful stroll along the Balboa Park to ease your mind, then come and visit our office for a free consultation.

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The Process of Court Martial Explained

Facing charges as a member of the military implies that the process awaiting you resembles that of a civilian trial, but also differs in certain aspects characteristic to the service.

The first step in such situations is to research a reliable law office in San Diego composed of seasoned military defense lawyers and capable of providing expertise-based defense. However, it’s also essential that you acquaint yourself with the characteristics of the court martial process and understand how it works.

What is the court martial process like?

While there are three different types of court martial, the process that each of them follows is the same and it consists of three main stages which closely track civilian procedures, apart from several crucial differences:

Initiating charges

The member of the service who has violated the Uniform Code of Military Justice (UCMJ) is brought before their commanding officer (CO). If there’s probable cause for the CO to believe a violation has occurred, they may order service member apprehension and confinement for up to 72 hours.

During that time, the CO makes a decision on how to proceed and they must notify the accused of the reason for their apprehension. The CO can decide not to proceed to court martial and impose a “non-judicial” punishment to which the member has the right to appeal if they believe it’s unjust.

If, however, the CO chooses to proceed to court martial, they must do it within 120 days from the moment of apprehension. The process begins with “preferring charges” – when the charges are read to the accused in the presence of a CO and a neutral third officer.

Both the prosecution and the accused can investigate the facts regarding the case, conduct depositions, and review documents. As opposed to a civilian process, the investigation may go on during any stage of the process.

Entering pleas

After reading the charges, the accused service member can enter the plea. In case they pleads guilty, the military judge will only accept it if they conclude the accused fully understands the charges and the consequences, and if the prosecution isn’t seeking the death penalty. When the judge accepts the plea, the process will continue to sentencing the accused.

Proceeding to trial

In case the accused pleads not guilty, the court continues the process and chooses a panel that will decide the facts. The panel members typically consist of COs of a higher rank and from a different unit than the accused, but can also include the enlisted members of the service requested by the accused. Members of the panel can’t be disciplined for their findings.

Just as in civilian trials, both sides can cross-examine witnesses and present evidence. The judge must first instruct panel members on the applicable law, after which the panel may issue a decision. In case it finds the accused guilty, either the military judge or the panel will issue a sentence according to the UCMJ guidelines.

Where in San Diego can I hire an experienced military defense lawyer?

Understanding how the court martial procedure works and what rights you’re entitled to during the proceedings is essential for creating an efficient defense strategy, but so is opting for a reputable court martial lawyer. With Monder Criminal Lawyer Group, you can rest easy knowing that your case will be taken with utmost dedication and care. Our experienced attorneys have the necessary knowledge and skills to successfully defend you at court.

Allow yourself some refreshing moments at the Marian Bear Memorial Park to clear your thoughts before visiting our office and telling us all about your case.

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Important Details About Court Martial

A court martial process is a trial for military members accused of committing a crime and every service member is potentially subject to it, regardless of their service or branch. This includes members of the regular component as well as those of the Public Health Service, National Oceanic and Atmospheric Administration alongside other organizations that serve with the armed forces.

While hiring a reputable military defense lawyer in San Diego is advisable when facing charges in front of the military court, you should gain additional knowledge about what such trials represent. While it closely follows civilian procedure, they differ in several essential details unique to the military trial.

What is a court martial?

Any member of the military service suspected of committing any of the crimes listed under the “Punitive Articles” section of the Uniform Code of Military Justice (UCMJ) is subject to a court martial criminal trial which is run following the guidelines of the Manual for Courts-Martial (MCM), issued by the President of the United States. While there are crimes similar to civilian such as conspiracy, manslaughter, arson, or larceny, others are specific to the military, such as insubordination, desertion, and mutiny.

What are the different types of court martial?

There are 3 different types of court martial based on the gravity of the crime and the potential consequences:

Summary courts-martial

Summary trial involves quick procedures for the members facing charges with minor offenses. It doesn’t require the presence of Judge Advocate General (JAG) attorneys or a military judge. Normally, a commissioned officer reviews the sentencing guidelines, facts, and legal precedents prior to issuing a decision.

Any member of the service found guilty in this trial can be sentenced to rank reduction, one month of reduced pay, 60 days of restriction to a specific area, or up to 45 days of hard labor or 30 days confinement. The military doesn’t provide free defense counsel, except for the Air Force.

Special courts-martial

The special court martial processes more severe offenses and is similar to a civilian trial, with differences in times for trial, pretrial motions, discovery, and sentencing. It is presided over by a military judge, and you are assigned a defense attorney under specific circumstances. The prosecution receives a trial attorney, and three service members make up a panel that decides case facts unless you specifically request that a judge does so.

Penalties that you may face include six months salary forfeiture, bad-conduct discharge, three months of hard labor, and one year confinement.

General courts-martial

The general court martial prosecutes the most severe offenses. It features legal representatives for both parties as well as a military judge. The panel consists of at least 5 members in case of a non-capital offense and 10 members in case of a capital offense. It decides the facts of the case unless you request a judge to do it and the penalty that the prosecution seeks is not the death penalty.

The sentences the judge can impose are the maximum sentences allowed in the MCM or the UCMJ, including dishonorable discharge, death, and life imprisonment.

Who is the leading military defense lawyer in San Diego, CA?

If you’re a military member facing charges with a criminal accusation, it’s essential that you understand how the process of court martial works, what your rights before the court are, and how to choose the most reliable lawyer. Monder Criminal Law Group is a committed team of well-seasoned attorneys who will always give you the attention and time you deserve so you can reap all the benefits of our expertise.

Take a relaxing stroll by the San Diego River before stopping by our office so we can together devise the best plan for your defense.