ia a summary court martial conviction a federal felony conviction?
i have spoke wtih several attorneys..who said NO..but i access websites and get conflicting info

progunr

If I recall, a summary court martial carries a maximum sentence of 1 month.

For it to even be looked at as a felony, the sentence would have to be a year or more.

I'm pulling from some very old memory banks here, so, lets see what anyone else says.

excon

Hello:

From he Army Courts Marshal Book:

"a. The maximum punishment authorized for any offense in violation of the Uniform Code of Military Justice equals or exceeds the punitive jurisdiction of a summary court–martial (Art. 20; MCM, 1984, part IV and app 12).

b. The maximum sentence imposable by a summary court–martial falls into two categories: (1) that imposable upon enlisted persons above the fourth pay grade, and (2) that imposable upon enlisted persons in the fourth pay grade or lower. The maximum sentence, in addition to admonition or reprimand, which may be imposed by a summary court–martial is as follows:

(1) Enlisted persons above the fourth pay grade:
(a) Reduction to the next inferior pay grade; and
(b) Forfeiture of two-thirds pay per month for one month; and
(c) Restriction to specified limits for two months.
(2) Enlisted persons in the fourth pay grade or lower:
(a) Reduction to the lowest pay grade; and
(b) Forfeiture of two-thirds pay per month for one month; and
(c) Confinement for thirty days; or, instead of (c)
(d) Hard labor without confinement for forty-five days; or, instead of (c) or (d)
(e) Restriction to specified limits for two months.
c. There is no requirement that the maximum punishment or any punishment be imposed. Lesser punishments and variations of the types of punishment are authorized (R.C.M. 1002, 1003, 1301(d), and MCM, 1984, app. 12). Consult R.C.M. 1003(b)(3) for permissible variations in fines and forfeitures."

Looks like a misdemeanor to me.

excon

JudyKayTee

Hmm - interesting question. Like you I just researched and got conflicting answers including one site that says whether or not it's a Federal felony depends on the length of the sentence - ??

I think I'd pick an Attorney, get an opinion in writing and rely on that.

(I've researched a lot on line and this is the first question that doesn't seem to have an answer; the other confusion is usually the Statute of Limitation in Ohio which some say is 4 years, 6 years or 7 years - ?)

Sean5800

I am not an attorney but I did find an answer to the question (sort of). This is from an investigations manual that can be found here http://www.ig.navy.mil/Documents/Inv...troduction.doc

The relevant line states "Conviction by a general or special court-martial creates a Federal criminal record. Conviction by a summary court-martial creates only an administrative record."

After hours of searching this is the most authoritative reference I can find.