Legal Question in Military Law in Texas

I was convicted via a special court martial (maximum sentence 1 year confinement, bad conduct discharge and forfeiture of 2/3 pay for 1 year), I received 3 months confinement, bad conduct discharge, and forfeiture of 2/3 pay for 3 months for article 92 and article 134. Am I considered a felon?


Asked on 7/07/12, 7:46 am

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, a Special Courts Martial is equal to a misdemeanor criminal case in Texas. Generally, a criminal case which has maximum confinement under one year is considered a misdemeanor and if confinement is in excess of one year, then the case would be considered a felony.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 7/09/12, 6:05 am


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