Is a special court-martial conviction considered a misdemeanor or a felony conviction? It depends.
A military court-martial conviction is generally considered a "felony conviction," if the maximum permissible punishment for the offense is one year or more in prison.
NOTE: It does not matter what sentence is actually imposed, it is based on the MAXIMUM punishment the court *COULD* have imposed.
Maximum permissible punishment is based on the offense, and the type of court-martial.
The maximum prison-term which can be adjudged by a Summary court-martial is 30 days, regardless of the offense.
Special court-martials can impose sentenances up to one year, but prior to May 2002, Special court-martials were limited to imposing sentances no greater than six months.
General court-martials can impose any sentance, up to the maximum punishment listed for the particular offense in the Manual for Courts-Martial (MCM).
So, those convicted by a Summary court-martial, and those convicted by a Special court-martial, prior to May 2002, are not considered to have a "felony conviction."
For those convicted by a General court-martial, or a Special court-martial (May 2002 and later) may have a "felony conviction," depending on the maximum punishment authorized for the offense, under the MCM.
Have you been told by a government entity that your special court-martial conviction is a felony conviction, but you believe that it is only a misdemeanor conviction?
Are your civil rights being violated?
Have you been denied state or federal employment as a result of your special court-martial conviction?
Have you been denied the right to vote in state or federal elections as a result of your special court-martial conviction?
Have you been denied the right to purchase or own firearms as a result of your special court-martial conviction?
If you believe that your civil rights are being violated, you should contact an attorney who specializes in both Military Law and Constitutional Law. I have a list of qualified attorney's.
If you have a question about special courts-martial, just ask. If I can not answer your question I will give you the name of an attorney who can.
This page is dedicated to helping the *THOUSANDS* of military personnel who are court-martialed every year.
If I can assit you in any way please feel free to e-mail me.
