is a military court martial conviction a felony?

Answer 1

Yes.

Answer 2

It depends upon the charge and what level of court-martial is involved.

Not all offences under the Uniform Code of Military Justice are felonies; some are misdemeanors.

There are three levels of courts-martial and generally the seriousness of the offence determines which level of court-martial is used to prosecute.

The lowest level is the Summary Court-Martial and is generally reserved for misdemeanors. It cannot hand out a displinary discharge.

The mid-level is the Special Court-Martial. It can prosecute both misdemeanors and felonies. It must be specially empowered to give a Bad-Conduct Discharge (BCD), which is equivalent to a felony conviction.

The highest level is the General Court-Martial, which is empowered to give either a BCD or a Dishonorable Discharge. This level is reserved for serious felonies and any conviction and discharge is a felony conviction.

Answer 3

Yes it can be, and unfortunately that is why a number of service members elect to accept Article 15 procedures instead of demanding trial by court martial. Article 15, also known in the Navy and Coast Guard as Captains Mast, is often a Kangaroo Court procedure where they march in the next guilty person to issue punishment to without all that burdensome rules of evidence, due process and ability to present a defense to an impartial judicial body. Usually for major offenses or highly visible cases, the service does convene a court martial. Realize that there are three types of court martial, Summary Court Martial, Special Court Martial and General Court Martial. The Summary Court Martial is very similar to Article 15 in that the fate is decided by one officer (he must however not be in the direct command structure as the guilty, I mean accused. That is why for those situations under the UCMJ where an accused has the right to refuse trial by court martial, he also has the right to refuse trial by summary court martial. Ya, I know way more info than you asked for...its my curse!

Answer 4

Just like in the civilian world , it depends on the crime. Some are misdemeanors and some are felonies. If you are convicted of a felony in a military court , it will be on your criminal record when you get out.

Answer 5

Sometimes. Most general courts will try felonies, but a soldier can demand a general court for something so petty that it normally would be punished under Article 15 or at mast or in office hours.

Answer 6

Depends on the offense. Generally if the crime would be a felony under the federal system, it would be a felony under a court martial.

Answer 7

yes

Answer 8

It most certainly can be.