Felony in the Military

January 11, 2026

What is, and is not, considered a felony in the Military is not black and white. Attorney Barry, an experienced Military Lawyer, explains in depth here.

Generally speaking, a felony is a crime punishable by one year or less in prison. In the Civilian World, it is very easy to ascertain what offenses are, and are not, felonies; however, a felony in the Military is not as easy to define.

Some would say that a felony in the Military is any offense under the UCMJ that has a maximum punishment of more than one year, regardless of the type of Court-Martial the offense is tried at.

Others would argue that felonies in the Military are only offenses that are tried at a General Court-Martial, and not those tried at a Special Court-Martial. This is because confinement that can be issued at a Special Court-Martial is capped at a year, whereas confinement that can be issued at a General Court-Martial is only limited by the maximum punishment of the specific offense charged.

Any Servicemember wondering what is a felony in the Military is obviously in a dangerous situation and should immediately consult with an experienced Military Lawyer. While JAGs are available to assist, they are often over-worked and inexperienced. A civilian Military Lawyer can be retained, which allows a Servicemember to be represented by a proven lawyer with good former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has extensive experience with all types of Military Adverse Actions, including misdemeanors and felonies.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.