SPECIAL COURT-MARTIAL CONVICTION: MISDEMEANOR CONVICTION?
SPECIAL COURT-MARTIAL

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.



SPECIAL COURT-MARTIAL
MISDEMEANOR SPECIAL COURT-MARTIALS
1. SUMMARY COURT-MARTIAL: USING THE RIGHT TOOL FOR THE JOB. The Army Lawyer (July 02)  2002 Judge Advocate General's School. "Special courts-martial typically try misdemeanor-type offenses."
2. NEVER HAVE SO MANY BEEN PUNISHED SO MUCH BY SO FEW: EXAMINING THE CONSTITUTIONALITY OF THE NEW SPECIAL COURT-MARTIAL. By Lieutenant Marcus N. Fulton. Defense Counsel Appellate Defense Division. Navy-Marine Corps Appellate Review Activity. "The special court-martial has filled a role roughly analogous to a misdemeanor-level criminal court."
3. CRS REPORT FOR CONGRESS. MILITARY COURTS-MARTIAL: AN OVERVIEW. By American Law Division Legislative Attorney Jennifier K. Elsea. "Special courts-martial generally try offenses that are considered misdemeanors."
4. FEDERAL CRIMINAL PRACTICE: A MILITARY JUSTICE PRIMER.  By Stephen H. Carpenter Assistant Attorney General Washington State. "In the military, so-called misdemeanor-level offenses are ordinarily sent to a special court-martial."
My Info:
Name: SPECIAL COURT-MARTIAL INFO:
Email: specialcourtmartials@yahoo.com