Military Defense and Proceedings
Charles Swift spent more than seven years as a military defense attorney, defending more than 150 military criminal cases and earning a reputation as one of the foremost experts in military defense. Swift & McDonald stands ready to bring their unique skills to the defense of military professionals worldwide.
Military courts have jurisdiction over service members on active duty and are governed by the Uniform Code of Military Justice (UCMJ). Military courts are divided into three types of courts: summary, special, and general courts-martial.
- Summary courts are restricted to enlisted service members. Penalties are restricted to one reduction in a pay grade, 30 days 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 of 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.
Service members brought before special and general courts-martial are entitled to representation by appointed military counsel. Additionally, a service member may retain private counsel at his or her own expense.