If you are a member of the United States military and you are facing criminal charges, the California military criminal defense attorney William W. Bruzzo can help.

The Uniform Code of Military Justice System

Military members are governed by a code of justice called the United Code of Military Justice (UCMJ). Civilians are subjected to local, state, and federal laws. The UCMJ has no authority over civilians, but military members can be charged with crimes under the UCMJ.

UCMJ includes a specific set of rules and regulations that Congress created in the 1950s. When the military brings criminal charges against service members, they will use the UCMJ as the primary guidance system during the military criminal process.

The Court-Martial System

The military also has its own court-martial system that has become an autonomous legal structure with laws and processes that are separate and different from civilian criminal proceedings. Many of the crimes under the court-martial system aren’t considered crimes under civilian law.

For example, desertion is regarded as a crime under the UCMJ, but not for civilians. Other military crimes exclusive to military members include failure to obey orders, insubordination, sedition, and mutiny.

There are several types of court-martials. For minor crimes, a summary court-martial will usually be used. This process only involves one commission officer, and penalties include

• Confinement for 30 days
• Forfeiture of 66% of a month’s pay
• Reduction to the lowest pay grade

There is a special court-martial process for misdemeanor-level crimes with a penalty of confinement for up to one year, loss of pay, and reduction in pay grade. Service members can also be discharged from service as part of the special court-martial process.

The last category is called general court-martial and is reserved for the most serious types of crimes. as a result, a military judge and at least five enlisted service members are required to make up the general court marshall. In some cases, the death penalty is possible in general court-martial cases.

Under Article 15 of the UCMJ, military leaders can impose non-judicial punishment on their subordinates for minor infractions. In these instances, commanders have the right to carry out sentencing without the presence or involvement of a judge or jury. The appeals process for military service members is also different. Each branch of the military has its own appeals court.

Judge Advocate Generals (JAG)

If you have been charged under the UCMJ, you can be appointed a JAG defense attorney who is a service member and an attorney. You also have the right to hire a civilian attorney to help represent you in your case. 

Hiring the Right Attorney Matters

If you are facing criminal charges as a military service member, it’s crucial that you hire an experienced California military defense attorney to represent you. JAG defense attorneys can only represent service members once the investigation has been completed. Working with an attorney as soon as you are charged can improve your chances of success. Contact attorney William Bruzzo of Bruzzo Law to schedule a complimentary initial consultation. 

Understanding how to navigate the military justice system can help protect yourself and your rights. For assistance defending against a military crime, the Orange County military lawyer William W. Bruzzo can provide guidance and support.

The Role of the Commanding Officer in the Military Justice System

Commanding officers serve a unique role in the military justice system. The commanding officer usually decides whether the service member will be prosecuted. Commanders generally turn crimes over to criminal investigative agencies like the Navy’s NCIS or Army’s CID for serious offenses. Investigative agencies automatically handle sexual assault and rape cases. The commander of the relevant military installation or commander usually takes less serious crimes.

What Is the UCMJ?

The Uniform Code of Military Justice (UCMJ) is a set of federal laws that define the military justice system. The UCMJ sets forth criminal offenses and violations. It also contains rules for court-martialing service members and conducting military trials. Finally, the UCMJ sets out military court procedures and lists the maximum punishment for each offense. 

Courts in the Military Justice System

If you’re a service member and you’ve been court-martialed, you will appear before the courts-martial court. Military courts are necessary because some criminal offenses are unique to service members, including insubordination, desertion, and being absent without leave. If you are found guilty, there are three appellate courts through which you can appeal:

• The court of criminal appeals
• United States Court of Appeals for the Armed Forces
• United States Supreme Court

What Options Does the Commander Have Regarding My Case?

The commander may decide that the accused service member is innocent and take no further accidents. They may take administrative action, which includes:

• Mandatory counseling
• A formal reprimand
• Involuntary separation from the military

The commander may implement a non-judicial punishment (NJP). In this case, the commander holds a hearing in which rules of evidence don’t apply. You have the right to speak or call witnesses on your behalf. If the commander rules against you, you can appeal to a more senior commander.

Finally, the commander may decide to send the case to court-martial. There are three types of court-martial: summary, special, or general. Only senior commanders have the authority to send a case for a general court-martial. Cases are heard by individual justices or panels, depending on the seriousness of the offense. Each branch has a Judge Advocate General Corps (JAG) of military officers who are also lawyers. A JAG officer will prosecute you. As a service member, you have the right to be appointed a JAG officer who will defend you if your case involves a serious offense.

Discuss Your Case with a Skilled Military Defense Attorney

If you’re facing charges as a service member, it’s crucial that you work with an attorney who understands the UCMJ and the military justice system. Contact the California military criminal defense attorney at the Law Offices of William W. Bruzzo today to learn more about how you can defend your rights.