Costa Mesa Military Defense Attorney

Costa Mesa Military Defense Lawyer

Serving in the United States military is a high honor. Its service members, whether they be soldiers, sailors, or airmen, deserve respect for their hard work. A court-martial puts this hard work in jeopardy. A Costa Mesa military defense attorney can advocate for you in front of a military court, providing experienced legal strategy and advice.

Choose Aaron Meyer Law

Aaron Meyer has built his career on supporting Marines and other members of the U.S. military. His experience in the Marines and as a Judge Advocate provides him with hard-to-match skills and knowledge of military defense laws and strategy. Aaron Meyer Law seeks to help the service members of Southern California pursue justice in military court.

Understanding the UCMJ

Military offenses are based on the Uniform Code of Military Justice. The UCMJ is a set of laws defining criminal behavior in the U.S. military. When military personnel commit a crime during active or reserve duty, they are charged under the UCMJ.

Just like with civilian criminal charges, not every case tried under the UCMJ results in high-octane trials or courts-martial. Many offenses are considered infractions or misdemeanors and thus are treated differently from felonies committed during service. One of the most common forms of administrative action for infractions and certain misdemeanors is an Article 15, also known as Captain’s Mast in the Navy.

Article 15 is a special form of nonjudicial punishment in the military. It allows commanders to discipline subordinates in a non-criminal capacity. You can receive either a summarized, company-grade, or field-grade Article 15. Each category offers different maximum punishments. All of them include the possibility of extra duty, restrictions, and oral or written reprimands.

Three Types of Courts-Martial

If an offense under the UCMJ is severe enough to warrant a court-martial, your commanding officer and higher-ups can decide between one of three types of courts-martial. One type focuses on minor offenses, the next on misdemeanors, and the last on felonies.

Summary Court-Martial

The first type of court-martial is a summary court-martial. This is a streamlined process to assist in handling minor offenses quickly and efficiently. While you can consult a Costa Mesa military defense lawyer prior to the summary court-martial, you are not entitled to have a lawyer with you in the proceedings. This type of court-martial is handled by a summary court-martial officer who acts as judge and jury.

If you are found guilty in a summary court-martial, the maximum punishments available include confinement for up to 30 days, forfeiture of pay, extra duties, restriction, or reduction of rank.

The offenses covered in a summary court-martial can typically be handled with an Article 15 or other administrative action, explaining why the Judge Advocate General (JAG) reported only 34 summary courts-martial for the Navy in 2023.

Special Court-Martial

The second type of court-martial is a special court-martial, designed for misdemeanor offenses. These offenses may include DUIs, theft, or disorderly conduct. This court-martial better resembles a civilian courtroom, and thus allows you to have a military defense attorney representing you in court. A military judge oversees the special court-martial alongside at least three officers acting as a jury.

With a guilty verdict from a special court-martial, not only can you experience a reduction of rank and forfeiture of pay, but you may also undergo a bad-conduct discharge or confinement for up to a year. A bad-conduct discharge, also called a Big Chicken Dinner, is one of two types of punitive discharges you may receive after a court-martial. A bad-conduct discharge strips you of military benefits and rank.

General Court-Martial

The most severe form of court-martial is known as a general court-martial. This type of court-martial is reserved for felonies and the most severe crimes military personnel can commit on duty, such as murder or sexual assault. JAG reported 492 general courts-martial in 2023, with only 62 acquittals.

At a general court-martial, the defendant faces a military judge and at least five officers on the jury. Due to the severity of the charges, defendants in a general court-martial are given the widest range of rights, such as the right to remain silent.

A guilty verdict in a general court-martial offers the strongest penalties possible. You may face life imprisonment, a dishonorable discharge, or even the death penalty.

It should be noted, however, that soldiers have not received the death penalty in a court-martial since 1961. According to the Death Penalty Information System, only 135 members of the military have been executed since 1916.

Military History of Costa Mesa

Orange County, California, and the city of Costa Mesa hold a rich history of military involvement. Costa Mesa hosts the former Santa Ana Army Air Base, where the United States trained pilots during World War 2. While the base was deactivated in 1946, Costa Mesa still sports a military presence.

Costa Mesa is home to the Theater Signal Command, Support Unit-Pacific. This unit is part of the 311th Expeditionary Sustainment Command based in Los Angeles. Members of this unit facing charges under the Uniform Code of Military Justice (UCMJ) are some of the most likely clients in need of an experienced Costa Mesa military defense attorney.

How a Costa Mesa Military Defense Lawyer Can Help You

Whether you face an Article 15 or a general court-martial, the advice of a skilled military defense attorney can be life-saving. An experienced military defense attorney understands the Military Rules of Evidence (MRE), the guidelines that govern the admissibility of various forms of evidence. Their understanding of the MRE can help them find weak points in the accusations against you and present strong evidence of reasonable doubt.

Hire a Military Defense Attorney in Costa Mesa Today

A court-martial or Article 15 has the potential to negatively transform your entire life. That’s why Aaron Meyer Law is dedicated to supporting you throughout the military punitive process in Costa Mesa. We strive to protect your rights and help you overcome charges of any kind. Contact us today to hire a military defense attorney and see how we can advocate for you.