The Uniform Code of Military Justice (UCMJ) defines three different types of military courts-martial: a summary court-martial, a special court-martial (SPCM) and general court-martial (GCM). They differ in their composition and the punishments that can be imposed. In all three types of courts-martial, the military rules of evidence apply and the accused military service member must be proven guilty beyond a reasonable doubt.

A summary court-martial may try only enlisted personnel for non-capital offenses. The punishment depends on the military grade of the accused, but may include a maximum punishment of forfeiture of two-thirds of base pay for one month and restriction for 60 days. E-4s and above may be reduced one pay grade, but may not be confined. In the case of all other enlisted members, the court-martial may also impose confinement for not more than one month or hard labor without confinement for 45 days and may reduce the accused to the lowest pay grade, E-1. The accused military service member has the absolute right to refuse trial by summary court-martial. The accused military service member does have the right to cross-examine witnesses, call witnesses and produce evidence, and testify or remain silent. However, the accused military service member does not have the right to representation by an defense attorney.

A special court-martial consists of not less than three military members (jury) and a military judge, or the accused military service member may request to be tried by military judge alone. A special court-martial is often characterized as a misdemeanor trial, and may try all persons subject to the UCMJ, including students at the military academies. A special court-martial may impose any punishment authorized except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than one year. Officers, although rarely tried by special court-martial, may not be discharged, confined or reduced in rank if tried by special court-martial.

A general court-martial consists of not less than five military members (jury) and a military judge, or the accused military service member may request to be tried by military judge alone. A general court-martial is often characterized as a felony trial, and may try all persons subject to the UCMJ, including students at the military academies. A general court-martial may adjudge any punishment not prohibited by the UCMJ, including death when specifically authorized. The maximum punishment is determined by the punishment authorized for the offenses referred to trial by general court-martial.

Mr. Puckett and Mr. Faraj have successfully engaged in high media interest mlitary defense cases, several controversial cases and over a thousand courts-martial in their combined 27 years of judicial experience. Once hired, Puckett & Faraj analyze the military defense case files and facts in close consultation with the client to determine the best course of action. In some cases, the initial general or special court-martial determination can be negotiated to a lesser type of court-martial, providing a better outcome for the client. We prepare for a military defense victory in every case.