Re: special court-martial

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On 12/16/07, Garrett Anderson wrote:
> Does anyone know whether a special court-martial is
> considered a misdemeanor court or a felony court? Please
> help, I am desperate for information on this subject.

Like any good lawyer would say; "It depends."

A "Special court-martial" used to be strictly a misdemeanor
court proceeding.

Currently, "Special court-martials" can impose sentences of
up to one year, but prior to May 2002, Special court-
martials were limited to imposing sentences no greater than
six months.

So, anyone convicted by a "Special court-martial" prior to
May 2002, is not considered to have a "felony conviction."

Those convicted by a "Special court-martial" after May 2002
may have a "felony conviction," depending on the maximum
punishment possible for the offense. If the maximum
punishment for an offence subject to a "Special court-
martial" is one year then it is a felony conviction. If the
maximum punishment possible for the offense is less than one
year, it is a misdemeanor.

The above should not be taken as legal advice. It is only
publicly available information and may be subject to error.
Check the most current MANUAL FOR COURTS-MARTIAL UNITED
STATES and the statute or code for the offense you are
charged with. Also consult with a competent attorney for
real legal advice.