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types of Offenses at a Court-Martial

types of Offenses at a Court-Martial

Civilian and Military-Specific crimes

A court-martial is a criminal prosecution administered in accordance with the Uniform Code of Military Justice (UCMJ). The UCMJ applies to service members worldwide, on and off duty.

The UCMJ criminalizes many of the same things that civilian laws criminalize. For instance, crimes like murder, sexual assault, and driving under the influence are crimes in the military just as they are crimes in the civilian world. Thus, military members facing court-martial may be in need of a defense lawyer who is well-versed in these crimes.

However, unlike the civilian world, the UCMJ contains many military-specific offenses which are not typically crimes for an ordinary citizen. For instance, in the military it is a crime to be absent without leave, to commit desertion, and to misbehave before the enemy. Disrespecting superiors is often criminal in the military, as is failing to follow lawful orders. Additionally, the military prosecutes people for drug use (in addition to possession, distribution, etc.), which is not typical in civilian jurisdictions. Even consensual sex acts between adults may be criminal in some circumstances.

These alleged offenses—common civilian crimes and military-specific crimes—are often intermingled at a court-martial. Thus, it is important to have counsel that can successfully navigate the complexities of a case.

If you are or may be facing prosecution by the military, make sure you have an attorney who is well-versed in the UCMJ and court-martial defense. As a former area defense counsel and senior (circuit) defense counsel in the Air Force, Ross Brennan at Cronauer Law is a seasoned advocate in military court rooms.

Don’t risk the consequences of inexperienced counsel. Contact Cronauer Law today.