If you are like most service members, you signed up to defend your country with pride and dignity. You accepted the higher level of discipline expected of you and worked hard to maintain professionalism in your demeanor, your dress and your actions. If you are facing a criminal charge or administrative process under the Uniform Code of Military Justice (UCMJ), you may be feeling a sense of confusion, frustration and even betrayal.
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I am military criminal defense lawyer Charles Swift. Like you, I served my country with pride, graduating from the United States Naval Academy and serving as a Surface Warfare Officer for seven years. For 13 years after law school, I was a member of the Judge Advocate General's (JAG) Corp, before retiring. I spent 10 of those 13 years working as a military defense attorney. During that time, not only did I gain a reputation for unmatched advocacy and courage on my clients' behalf, I gained invaluable insight and experience into the way military prosecutors and administrative boards think and prepare their cases. When my partner, Catherine McDonald, and I founded our firm, we brought together more than 25 years of criminal defense experience, along with a unique perspective and knowledge about the UCMJ.
Retired JAG Officer for the Defense
As the Navy's longest serving defense counsel, I served as primary legal defense counsel in more than 150 courts-martial, handling some of the most complex and high profile cases the military had to offer. Since founding our firm with my law partner Catherine McDonald, I have earned a reputation as one of the nation's pre-eminent military criminal and administrative defense attorneys, placing me in a position to represent clients in some of the most high-profile cases in our nation's recent history.
No Matter Your Rank, Your Constitutional Rights as an American Service Member Are at Stake
Exercise your right to secure experienced, focused legal counsel to protect your rights, your reputation, and your career. I stand ready to bring my unique skills to the defense of military professionals worldwide.
I handle the full complexity of UCMJ court processes, including:
- Summary courts are restricted to enlisted service members. Penalties are restricted to one reduction in a pay grade, 30 days of incarceration and a fine of one half month's pay. Although not entitled to appointed counsel, service members may hire counsel of their choosing.
- Special courts-martial are misdemeanor courts and have jurisdiction over both officer and enlisted personnel. The court consists of a military judge, and at least three members forming the military equivalent of a jury. For enlisted service members, special courts-martial may impose up to one year of confinement, forfeiture of all pay allowances and a reduction in rate to the lowest enlisted pay grade. For officers, the court is limited to a letter of reprimand as punishment.
- General courts-martial are the military's felony courts and this court may award any punishment authorized by the UCMJ and the Rules for Courts-Martial. The court has jurisdiction over both officer and enlisted service members. General courts-martial consist of a military judge and a panel of at least five service members selected by the officer convening the court.
Appeals
Service members may appeal a conviction from a summary court-martial to the officer exercising general court-martial jurisdiction over them. Service members who receive a sentence of less than a year confinement and do not receive a punitive discharge at either a special or general court-martial may petition their Judge Advocate General for appeal to their service court. Service members who receive a sentence to punitive discharge and/or more than one year confinement at either a special or general court-martial are automatically entitled to an appeal before their service court of appeals. I have handled appellate cases at all levels of appeal, including the United States Supreme Court, and stands ready to assist service members seeking to appeal their convictions.
Administrative Proceedings
In addition to court-martial proceedings, I vigorously protect the rights of service members in administrative proceedings, including administrative separation boards, service Boards of Correction, and the Federal Court of Claims. Whether it is protecting your career from an unwarranted discharge or establishing your right to advancement, back pay, or other relief, I stand ready to assist you. Wherever your case is in the UCMJ or administrative process, I am ready to fly to your defense, wherever you are stationed, in any branch of the armed forces under the governance of military law.
Worldwide Services
From offices in Seattle, the firm represents clients in civilian criminal matters and military family law matters throughout Washington State. Mr. Swift represents clients in military law and national security matters throughout the United States and around the world. Contact the law firm of Swift & McDonald to arrange a free initial consultation with an experienced military law lawyer in Washington State today.
