Military Justice Lawyers Aggressively Defending Service Members Facing the Death Penalty
While it may be uncommon, military court-martial proceedings can result in a sentence of the death penalty in severe circumstances. The death penalty is an authorized punishment for many crimes, but is often only sought by prosecutors during capital murder cases, and must be approved by a convening authority after the sentence has been handed down.
Military death penalty defense lawyers leverage more than 20 years of experience addressing military justice cases to offer the advice you need to understand if your alleged offense qualifies for the death penalty. We are well versed in the UCMJ, the efforts military prosecutors often go through to pursue the death penalty and appropriate defenses against charges that may lead to a death sentence.
Skilled Military Justice Lawyers Offering Detailed Advice on the Death Penalty
In order for a death penalty sentence to be imposed, the court-martial panel must reach a unanimous verdict that the suspect is guilty of the charged crime. The panel must also vote unanimously that aggravating factors existed, including premeditation of a murder, and that these factors outweigh other issues involved in the case.
Finally, a convening authority must approve of the sentence of the death penalty following the decision by the court-martial panel. For the sentence to be carried out, the President must sign an official order of execution; currently, executions are administered by lethal injection.
While the death penalty is typically sought in only in cases involving felony murder with obvious premeditation, other crimes do qualify for the death penalty under the UCMJ, including:
- Treason
- Espionage
- Mutiny
- Rape
- Desertion during times of war
- Aiding the enemy
- Assaulting a superior commissioned officer
If you have been charged with any of these offenses, it is important to begin planning your defense immediately. Our staff has the experience and knowledge needed to help you combat the severe penalties resulting from a conviction, including incarceration, dishonorable discharge, and the death penalty.