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What Punishments Can Be Imposed by a Court Martial?
Sometimes, not even the a team of military criminal lawyers in San Diego can help avoid one of court martial punishments. The process of court martial was not favorable, the court martial appeals were rejected, and it’s time to face the decision. Here are the potential punishments that are court martial might instate, divided according to the type of court martial.
Summary court martial punishments
Summary court martials preside over minor charges that are raised against active military members. The punishments too are not as severe as with other levels of court martial, and are imposed based on the pay grade of the accused party.
Those members of the military that are in E-4 pay grade or lower can expect up to 45 days of hard labor, or a maximum of 30-day confinement. Also, the court martial may decide to reduce their pay grade to E-1, restrict their salary for a maximum of two months, or forfeit two-thirds of their monthly pay for the maximum duration of one month.
As for those members of the military in E-5 pay grade or higher, they can face a reduction of a single pay grade, to the minimum of E-4, forfeiture of two-thirds of their monthly pay, or a two-month salary restriction.
Special court martial punishments
The second type of court martial is the special court martial, which presides over more serious offenses that the summary court martial. Special court martials imposes punishments in a similar manner as summary court martials, but these punishments are slightly more severe.
Special court martials can forfeit two-thirds of an active military member’s pay for the duration of one year. This court can also order confinement for up to a year, depending on the offense, hard labor without confinement, and any amount of forfeiture of pay that will last longer than a year.
General court martial punishments
General court martial is a military court of law of the highest order, and, consequently, it only presides over the most serious of offenses committed by active members of the military. This also means that the punishments that this court is able to impose are the most severe.
When it comes to general court martial punishments, they are restricted by the alleged offense the defendant has made. All the punishments for the cases that are to go in front of the general court martial are proscribed by the Manual for Courts-martial, or MCM.
The potential punishments include prolonged confinement, discharge for bad conduct, dishonorable discharge, dismissal from active service, and, in the most extreme of cases, even death. Because the punishments a general court martial is able to impose, it is necessary to secure best legal representation and increase your chances of a favorable trial.
It’s best not to let it come to court martial punishments at all!
An ordinary team of military criminal lawyers might not be able to secure a sentence of not guilty. But Monder Criminal Lawyer Group consists only of the most extraordinary military law experts that are able to provide the best legal representation in front of a court martial. If you want to maximize your chances, then you need a team like ours by your side in the courtroom. Contact us today, or come to our offices for a free consultation!
