Free Consultations & We're Available 24/7 212-274-0090
International

Military Criminal Lawyers

Over 100 Years Of Combined Experience
Raiser & Kenniff is a premier military criminal defense law firm. Our team of military criminal lawyers has over 50 years of combined experience, handling all types of criminal defense cases, both military and civil. Our founding partners were both former JAG Officers and Former Prosecutors in New York. Some of our military criminal attorneys have handled some of the toughest criminal defense cases in the USA.
Our military criminal lawyers have experiences handling tough cases that other military criminal defense law firms turn down. If you are accused of committing a crime, we encourage you to contact our law firm immediately. We are available 24/7 to help you get legal help with your case. Regardless of where your case is, we can travel to you. Our attorneys have experience in most major courts.

Understanding the Courts-Martial Process

The Uniform Code of Military Justice or UCMJ is the code of military criminal law and procedure.  It is applicable to all branches of service and U.S. Military Members worldwide.  The various criminal offenses proscribed by the UCMJ, known as the Punitive Articles, are contained in Part IV of the UCMJ.  The Punitive Articles also set forth the maximum punishment for each proscribed offense.

The UCMJ gives courts-martial jurisdiction over all servicemembers (Army, Marine Corps, Navy, Air Force, and Coast Guard).  Certain retired military members can be subject to UCMJ jurisdiction, as can certain individuals serving organizations assigned to serve with the military and enemy prisoners of war.  Article 2, UCMJ U.S.C. § 802.  The principal of military criminal law that courts-martial jurisdiction depends not on where the offense was committed, but solely on the military status of the accused at the time the offense was committed.  Solorio v United States, 483 US 435, 437 (1987).

Types of Offenses

The UCMJ contains both offenses that are analogous to civilian crimes as well as military specific offenses.

Examples of Civilian Analog Offenses under the UCMJ are Murder (UCMJ Article 118); Rape and other Sexual Assault (UCMJ Article 120); and Robbery (UCMJ Article 122).

Examples of Military-Specific Offenses include Desertion (UCMJ Article 85) Malingering (Article 115) and Conduct Unbecoming and Officer (Article 133).

In addition to the offense enumerated in the UCMJ, service members may be tried at court-martial for offenses not specifically covered in the Punitive Articles.  Using the Federal Assimilative Crimes Act (18 U.S.C. § 13), servicemembers can be prosecuted pursuant to UCMJ General Article 134 for state and federal offenses for which there exists no analogous Punitive Article.  The punishment for these “assimilated crimes” generally match those punishments applicable to the corresponding civilian offense.

The Initiation of Charges 

Cases begin with a report of misconduct.  The service member’s alleged misconduct can be brought to the command’s attention by civilian law enforcement, through notification by military channels, a report from an alleged victim, or through direct observation of the misconduct.

When a report of misconduct is received, a Commander’s Inquiry will be conducted to examine the merits of the claim and the attendant facts and circumstances.  The complexity and conduct of the Commanders Inquiry will vary based on the nature of the offenses alleged and the complexity of the case.  Once the investigation is completed the commander will make a decision as to the appropriate disposition of the charges.

The commander can take the following actions in order of severity:

  1. Forward findings to a higher commander (if necessary) for preferral of charges to a court-martial.
  2. Prefer charges against the servicemember for resolution at court-martial
  3. Initiate administrative action (including separation from the service)
  4. Impose non-judicial punishment (resulting in loss of rank, pay or privileges.
  5. Take no action

Preferral v. Referral

The Preferral of charges is the process whereby specific charges and specifications are drafted against and accused.  Any person subject to the UCMJ may prefer charges against an accused, however, the charge sheet must be signed under oath before a commissioned officer.

The Referral of charges occurs when the Court Martial Convening Authority , in consultation with the Staff Judge Advocate, issues an order directing which type of courts-martial an accused will be tried before.  The three categories of courts-martial are: summary, special or general.  R.C.M. 401(c).

"Talented and well versed in Military Law"

Tom was assigned to me through the Trial Defense Unit of the NY Army National Guard. He was my representation while I faced a Flight Evaluation Board. Through his already robust knowledge of Military protocols and his enthusiasm with educating himself on Aviation centric regulations we were able to show up to the board prepared and from a position of strength. This preparedness, combined with his powerful courtroom presence led to a favorable decision by the board for me. As far as military matters are concerned I could have asked for no better representation. Thank you Tom.

Christian
(Client)

FILL OUT THE FORM TO

Request Your
Case Consultation