The military has three types of court-martial—summary, special, and general—and each carries different procedures, rights, and potential penalties. Understanding how these forums work is essential because a service member’s career, rank, pay, and freedom can all be affected depending on which level the command pursues. Whether you’re stationed in Colorado Springs or serving elsewhere, knowing the distinctions helps you make informed decisions from the moment charges are threatened.
Why the Type of Court-Martial Matters
A court-martial isn’t one-size-fits-all. The military justice system uses different levels based on the seriousness of the alleged offense, the strength of the evidence, and the commander’s assessment of the service member’s record. The type of court-martial chosen determines:
- The accused’s rights
- The maximum punishment permitted
- The procedural safeguards involved
- Whether the service member faces a federal conviction
- The long-term consequences for future civilian employment
Because of these differences, the decision point—summary, special, or general—is one of the most important stages in any military case.
Summary Court-Martial: What It Is and What It Means for You
A Summary Court-Martial (SCM) is the lowest level of military court, typically used for minor offenses. While the potential penalties are less severe, the process moves quickly, and service members often underestimate the long-term impact.
Key Characteristics
- Handled by a single commissioned officer
- Limited rights compared to higher courts
- No military judge
- No prosecutor
- No defense counsel appointed (though you may consult one)
Maximum Penalties
The punishments at this level can include:
- Reduction in rank
- Forfeiture of pay
- Up to 30 days confinement (for most enlisted ranks)
- Extra duties or restrictions
A conviction at a summary court-martial does not count as a federal conviction, but it can still harm your record, promotion potential, and career progression.
What Service Members Often Miss
Because the SCM seems “informal,” many believe they should simply accept it. But you have the right to refuse a summary court-martial. Exercising that right in the right circumstances can lead to better outcomes, including the possibility of administrative action instead of criminal proceedings.
Special Court-Martial: The Military’s Mid-Level Criminal Court
A Special Court-Martial (SPCM) is the military’s equivalent of a misdemeanor-level criminal court. While less severe than a general court-martial, the potential consequences are still substantial and can follow you for the rest of your life.
What to Expect
- A military judge presides
- A prosecutor and military defense attorney are assigned
- You may choose a panel of members (a jury)
- Rules of evidence and procedure apply
- Convictions at this level can become federal convictions
Maximum Penalties
An SPCM can impose:
- Up to one year of confinement
- Forfeiture of two-thirds pay for one year
- Reduction in rank to E-1
- A bad-conduct discharge (BCD)
A BCD alone can create lifelong barriers in employment, benefits, and professional licensing.
Why This Stage Is a Turning Point
At the special court-martial level, prosecutors are often confident they can secure a conviction. This is when the government may be more aggressive in gathering statements, interviewing witnesses, and building a narrative that harms your credibility.
Early intervention by a defense attorney can influence whether the command pushes for a BCD, whether charges are reduced, or whether alternative dispositions are available.
General Court-Martial: The Most Serious Level of Military Prosecution
A General Court-Martial (GCM) is the highest level of military court and is used for serious offenses such as sexual assault, drug distribution, domestic violence, fraud, or cases involving significant injury or property damage.
How a GCM Works
- Requires an Article 32 preliminary hearing before referral
- Presided over by a military judge
- Prosecutors include senior JAG officers and investigators
- You have the right to be represented by military and civilian defense counsel
- A panel may be selected for sentencing or findings if you choose
Maximum Penalties
Penalties can include:
- Years of confinement
- Total forfeiture of pay and allowances
- Reduction to E-1
- Dishonorable discharge (for enlisted)
- Dismissal (for officers)
These consequences are equivalent to felony-level punishment in the civilian system.
Why the Stakes Are Highest Here
At this level, your military career, benefits, and civilian future are on the line. A dishonorable discharge carries lifelong stigma, and a conviction can permanently restrict career options, security clearance eligibility, and firearm rights.
Because charges at a GCM are often aggressively pursued by investigators such as CID, NCIS, or OSI, service members benefit most when they secure representation before the Article 32 hearing. That early stage offers opportunities to challenge evidence, question witnesses, and potentially influence whether charges move forward.
How the Court-Martial Type Is Decided
Commanders decide which type of court to pursue based on:
- Severity of the alleged misconduct
- The service member’s record
- Recommendations from law enforcement
- Legal advice from JAG officers
- The command’s internal priorities and culture
This decision isn’t automatic—and it can be influenced. Strong advocacy early in the process can lead to reduced charges or a different forum than the one investigators initially push for.
Why an Attorney Matters Before Charges Are Filed
At every level, but especially special and general courts-martial, early defense involvement can affect:
- Evidence collection
- How investigators interpret statements
- Charge decisions
- Referral recommendations
- Whether the command seeks punitive discharge
Waiting until after the command chooses a court-martial level can limit your options and weaken your defense.
Contact Court Martial Law Today
The type of court-martial you face determines what’s at stake and how your defense should proceed. At Court Martial Law, we help service members in Colorado Springs and across the country understand their rights, assess their risks, and build a strong, strategic defense from day one. If you believe charges may be coming—or if you’ve already been notified of an investigation—contact us today to speak with an attorney who knows how to protect your future.
FAQs About Military Court-Martial
Can I have a civilian attorney represent me at any type of court-martial?
Yes. You are always allowed to hire a civilian defense attorney for any level of court-martial. You will still be assigned a military defense counsel at no cost, but you may choose to have both. Civilian attorneys often bring additional experience with cross-branch cases and can devote more time to your defense than appointed counsel.
What happens if my command prefers administrative action instead of a court-martial?
Commands sometimes choose nonjudicial punishment (Article 15), administrative separation, or counseling instead of formal charges. These routes avoid a criminal conviction but can still affect rank, pay, and career progression. An attorney can help you understand the long-term consequences and whether fighting the action or requesting a board is in your best interest.
Can a court-martial conviction be appealed?
Yes. Every conviction at a special or general court-martial is automatically appealable to a military appellate court. Even summary court-martial decisions can be reviewed, though through a different process. Appeals can challenge legal errors, improper rulings, insufficient evidence, or disproportionate sentencing.