A military sex assault conviction is a serious matter that can lead to severe penalties such as dishonorable discharge and possible jail terms. Fortunately, you may be able to appeal a military sexual assault court martial conviction. Generally, the court-martial is divided into three categories: summary, general, or special.
If you are sentenced at summary court-martial, you have up to five days to file an appeal to subsequent higher command where the charges will either be kept, reduced, or eliminated altogether. General or special court-martial appeal processes are handled at the military service courts of appeals. Throughout the entire appeals process, military members can use the service of a free military defense lawyer. But if you wish, you can hire civilian counsel at your own cost.
Service members convicted at a general or special court-martial have their cases reviewed by the convening authority (the person who formally referred the case to the court-martial) before being taken to the military court of appeals.
How Long Does it Take?
A typical military appeal can take anywhere between 2-4 years from the time of its review through to the court of military forces. Then, the convening authority has up to six months to submit the trial record to the relevant court of appeal. In most cases, trial records involve multiple pages, and a proper review for errors by a skilled appellate attorney could take several days or even weeks.
Upon review, possible interviews are conducted with trial participants prior to creating an appeal packet. The service defense appellate divisions must consider these appeals and thousands of other appeals. If your request is referred to the Court of Appeals for the Armed Forces, the time the military appeal process may be extended.
What Results You Can Expect from a Military Sex Appeal
Any mistakes identified at the martial court can be presented and argued in a military court appeal. Although they have a varying degree of effect, these errors can effectively be argued for an improper conviction or that the penalty was inappropriate.
A responsible argument can also reduce jail terms, some charges overturned, or the entire military sex assault case thrown out. When attempting to appeal for a military sex assault conviction, it helps to have a strong defense on your side to achieve a favorable outcome.
Contact a Qualified Military Sex Defense Attorney
If you or someone you know has been convicted of a military sexual assault and seeking an appeal, we can help. Please call 949-491-1661 to discuss your case with Golden Law, Inc., a Military sex defense law firm.
