Military Law Lawyers

Military Law Lawyers in the United States

Military law operates under a separate legal system from civilian courts. The Uniform Code of Military Justice (UCMJ) governs the conduct of all active-duty service members, reservists, and certain other personnel. A military law attorney understands both this system and the rights service members retain under the Constitution.

What Military Law Covers

Military law spans a wide range of legal matters unique to armed forces personnel. Courts-martial are the military equivalent of criminal trials and can result in confinement, dishonorable discharge, or forfeiture of pay. These proceedings follow different rules of evidence and procedure than civilian courts.

Beyond criminal matters, military lawyers handle administrative separation proceedings, security clearance revocations, and military protective orders. They also address issues like Article 15 nonjudicial punishment, appeals before military courts, and correction of military records. Discharge upgrades are another major area — roughly 500,000 veterans currently hold other-than-honorable discharges that may affect their benefits eligibility.

When to Hire a Military Law Lawyer

• You are facing a court-martial or investigation under the UCMJ
• You received notification of an administrative separation or reduction in rank
• Your security clearance has been denied, suspended, or revoked
• You need to appeal a discharge characterization or correct errors in your military records
• You are the subject of a military sexual assault investigation and need independent legal counsel

How the Military Legal Process Works

Military cases typically begin with a command investigation. If charges are preferred, the accused service member has the right to a military defense counsel at no cost — but many choose to retain a civilian attorney with specific military experience for stronger representation.

For courts-martial, a preliminary hearing under Article 32 determines whether enough evidence exists to proceed to trial. The case then moves before a military judge, a jury of officers, or a mixed panel. Appeals go through the service-specific appellate courts and can eventually reach the U.S. Court of Appeals for the Armed Forces.

How Outcomes Are Determined in Military Cases

• Discharge characterization directly affects a veteran's access to VA healthcare, education benefits, and home loan programs — an honorable discharge unlocks full benefits while other categories restrict or eliminate them
• Forfeiture of pay is calculated based on the service member's current base pay grade and can be partial or total for a set number of months
• Confinement sentences in courts-martial follow maximum punishment charts specific to each UCMJ offense
• Back pay and allowances may be awarded if a discharge is later upgraded or a conviction is overturned on appeal
• Reduction in rank carries long-term financial consequences, lowering retirement pay calculations for the remainder of a service member's career

Frequently Asked Questions

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

Yes. Service members have the right to retain a civilian attorney at their own expense in addition to their assigned military defense counsel. Many choose this option because civilian military law attorneys often carry decades of trial experience and operate independently from the military chain of command.

How long does a discharge upgrade take?

Applications through the Discharge Review Board typically take 12 to 18 months for a decision. Cases sent to the Board for Correction of Military Records can take even longer, sometimes exceeding two years. Having thorough documentation and strong legal arguments significantly improves approval chances.