General Court Martials in Honolulu
Defending Accused Military Personnel in Hawaii
Court martials are serious criminal accusations that can ruin the career for any member of the military. General court martial (GCM) is the most serious offense—confinement, dishonorable discharge, and dismissal are just some of the common punishments for a general court martial conviction. If you are facing a general court martial in Honolulu, your freedom and your career may depend on the skills of our seasoned military defense lawyer.
In 20+ years of experience, our team has handled and won 3,000+ criminal cases.
Contact the Law Office of Victor Bakke, ALC today and schedule a free consultation!
What to Expect from a General Court Martial
Most GCM courts consist of the following:
- Military judge
- Trial counsel prosecutor
- Defense counsel attorney
- Officer panel (5+ members)
As the accused in a general court martial, you may request for one-third of your court to be comprised of enlisted personnel, or even by trial judge alone. In most cases, the accused must be enlisted in order to obtain these requests—if you are not enlisted, you may not successfully request these provisions in a general court martial.
The general court martial procedure includes:
- Pre-trial investigation (UCMJ Article 32)
- Detention (UCMJ Article 10 & 13)
- Composition/selection of court (UCMJ Article 25)
- Trial, post-trial review, and appeals
General Court Martial Punishments & Penalties
GCM convictions can result in the harshest punishments, such as:
- Confinement for a year or more
- Bad conduct discharge
- Dishonorable discharge
- Officer dismissal
Death is a potential punishment for a general court martial offense, if all members of the court unanimously agree on the sentence. No punishment for a military crime could be more serious than a death sentence. In addition, not all sentences may be appealed or dismissed; the convening authority is not able to reduce or dismiss convictions for rape, sexual assault, sodomy, including crimes involving children.
Common Offenses Addressed by GCMs
For a case to warrant a GCM, the offenses usually must be more serious than simple misconduct infractions. General court martials are reserved for offenses that are criminal in nature and, in a civilian environment, would often be considered serious felonies.
Common offenses in GCMs include:
- Homicide
- Assault and battery
- Rape
- Sexual assault
- Drug distribution
- Larceny or other high value theft
Defense Against General Court Martial Conviction
Pursuing the most effective course of legal action is vital for a general court martial—when the stakes are so high, there is no room for error or mishandling. This military trial may not only put your career on the line, but it may also put your life at risk. At the Law Office of Victor Bakke, ALC, our attorneys in Honolulu use decades of experience and a record of proven success to build effective military criminal defense strategies.
There are several effective defense strategies in general court martial cases:
- Taking action in a convening authority review
- Request appeal with intermediate service court
- Petition Court of Appeals for the Armed Forces
- Make a request for pardon under Constitutional authority
As the accused, you have the right to free representation by military defense counsel, but you also have the right to retain civilian defense counsel. Do not settle for a lesser defense—retain a seasoned attorney who has handled thousands of cases with success. When your career and your life may be at stake, do not leave anything to chance.
Contact us today at (888) 387-3216 or schedule a free consultation online and find out how we may work to protect your best interests and your future!