Lance B. Sigmon, Civilian Defense Counsel - Military Lawyer for the United States Army, Navy, Air Force and Marines

Lance B Sigmon, Military Lawyer and Civilian Defense Counsel for the US Armed Services, focusing on Courts-Martial and Court-Martial Appeals.

Court-Martial Misdemeanor vs Felony

July 16th, 2010

If you are convicted at a court-martial does it qualify as a misdemeanor or a felony?

The military does not distinguish between misdemeanors and felonies. Some people believe that a special court-martial is equivalent to a misdemeanor and a general court-martial to a felony; some believe that any confinement in excess of 12 months is a felony. However, that is not entirely accurate. The classification of a court-martial conviction is determined by state and federal law. In deciding how to classify a conviction, some states look at the offense, some look at the maximum confinement faced for each offense, and some look at the actual sentence. In short, because there is no set answer to this question, you should contact a civilian attorney, public defender, or your state attorney general for clarification.

Areas of Expertise

  • Courts-Martial
  • Court-Martial Appeals
  • See Also

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