The military uses three levels of court-martial, and they rise in step with the seriousness of the alleged offense. A summary court-martial handles minor misconduct, a special court-martial handles intermediate offenses, and a general court-martial handles the most serious charges, up to those carrying capital exposure. They differ in who decides the case, how much punishment can be imposed, and whether the result counts as a federal criminal conviction. One point matters before the details: these are not interchangeable, and the accused does not pick the level. The disposition authority does, based on the offense and, for certain offenses, on the independent prosecutors who now control them.
The three forums side by side #
- Summary court-martial. A single commissioned officer presides; there is no military judge or panel. It is reserved for minor offenses and carries limited punishment, such as short confinement for junior enlisted members, reduction in grade, and forfeiture of pay. Critically, it is not a federal criminal conviction, and a service member generally has the right to refuse it and demand trial by a higher court-martial instead.
- Special court-martial. This intermediate forum is tried by a military judge with a panel of four members, or by judge alone if the accused so elects. Its maximum punishment reaches up to twelve months of confinement and a bad-conduct discharge, among other penalties. A finding of guilt here is a federal conviction.
- General court-martial. This is the most serious forum, reserved for felony-level offenses. It is tried by a military judge with eight members in a non-capital case and twelve members in a capital case, panel sizes set by the Military Justice Act of 2016. It carries the full punishment range, including a dishonorable discharge or, for officers, a dismissal, lengthy confinement, and, in rare cases, death.
Worked comparison #
Picture the same underlying conduct escalating. A single unauthorized absence of a few days might be sent to a summary court-martial. A more serious assault with injury might be referred to a special court-martial, where up to a year of confinement and a bad-conduct discharge are possible. An aggravated sexual assault charge would go to a general court-martial, where the exposure is measured in years and the discharge at stake is dishonorable. The conduct, the harm, and the article charged drive the level upward.
What decides which forum applies #
Two things determine the forum. The first is the severity of the offense and the maximum punishment the command is willing to pursue. The second is who holds disposition authority over the charge. For most offenses, a convening authority refers the case to a level of court-martial after advice from a judge advocate. For a defined set of serious “covered offenses,” however, the Office of Special Trial Counsel (OSTC) holds exclusive authority to refer the charges, and its decision binds the convening authority. That referral authority took effect for covered offenses committed on or after late December 2023.
The practical takeaway is that the forum, more than anything else, defines the maximum exposure a person faces. A summary court-martial caps the consequences and leaves no federal conviction; a special court-martial opens the door to a punitive discharge and a year of confinement; a general court-martial removes those ceilings. Because the level is assigned rather than chosen, and because the difference between “not a conviction” and “a federal felony conviction” turns on it, anyone facing a court-martial should consult a qualified military defense attorney about their situation and the forum to which their case has been, or may be, referred.