Abogados de Military Law

Military Law Lawyers in the United States

Military law operates under a separate justice system from civilian courts. The Uniform Code of Military Justice (UCMJ) governs all branches of the armed forces and applies to active duty service members, reservists, and in some cases, retired military personnel. A lawyer experienced in military law understands the distinct rules, procedures, and rights that apply in this system.

What Military Law Covers

Military law spans a wide range of legal issues specific to service members. Courts-martial are the military equivalent of criminal trials and can result in confinement, dishonorable discharge, or reduction in rank. These proceedings follow different evidentiary rules and use military judges and panels instead of civilian juries.

Other common areas include administrative separations, non-judicial punishment under Article 15, security clearance revocations, and military appeals. Service members also face legal issues related to benefits disputes, medical retirement boards, and correction of military records. Each of these matters carries consequences that can follow a person well beyond their time in uniform.

When to Hire a Military Law Lawyer

• You've been charged with a UCMJ offense or are facing a court-martial
• Your commanding officer has initiated administrative separation proceedings against you
• You received non-judicial punishment and want to appeal or fight the charges
• Your security clearance is under review or has been revoked
• You need to petition a Board for Correction of Military Records to fix errors in your service record

How the Military Legal Process Works

Most UCMJ actions begin with an investigation by military criminal investigators such as CID, NCIS, or OSI. Commanders then decide whether to impose non-judicial punishment, refer the case to a court-martial, or take administrative action. Service members have the right to refuse Article 15 proceedings and demand a court-martial in most branches.

Courts-martial come in three levels: summary, special, and general. General courts-martial handle the most serious offenses and can impose sentences including life imprisonment. According to the Military Justice Review Group, approximately 3,500 courts-martial are convened each year across all branches.

How Outcomes Are Determined in Military Cases

• Discharge characterization directly affects eligibility for VA benefits, education assistance, and future employment — a dishonorable discharge eliminates most benefits permanently
• Sentencing in courts-martial considers rank reduction, forfeiture of pay, confinement length, and discharge type
• Medical retirement boards evaluate disability ratings that determine monthly compensation and healthcare access
• Record corrections can restore lost rank, back pay, and retirement eligibility dating to the original error

Frequently Asked Questions

Can I hire a civilian lawyer for a court-martial?

Yes. Service members have the right to hire a civilian attorney at their own expense, and they can also request a free military defense counsel. Many people use both. Civilian attorneys with military law experience often bring a different perspective that complements the assigned military lawyer's knowledge.

Will a military conviction show up on my civilian record?

It depends on the type of court-martial. General and special courts-martial convictions are federal convictions and will appear on background checks. Summary court-martial convictions typically do not show on civilian criminal records, but they remain part of your military file permanently.