Will a special court martial be a Misdemeanor or Felony? 3 Answers as of March 28, 2011

I plead guilty to article 86 (unauthorized absence for over 30 days) and article 87 (missing a movement by design) in a special court martial. According to a few sources the definition of a felony in New York State is a crime punishable by not more than a year. As I was tried in a court that could not award a punishment greater than one year, does this mean my charges are misdemeanors in NYS?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
A misdemeanor under New York State law is defined as any crime that is punishable by no more than one year in jail. A felony is defined as a crime that is punishable by more than one year, but most felonies that are non-violent do not require mandatory imprisonment. The military laws are a specialty that requires a military lawyer to answer. You should consult the attorney that handled the case or a military attorney since the laws are often different than the penal law of the State of New York or the procedural laws that govern those penal laws.
Answer Applies to: New York
Replied: 3/28/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First the definition of a felony is where the punishment is for more than one year. The NY Penal law would have to be checked for a crime that is the most similar to the offense charged under the UCMJ ( US code of Military justice ). You should hire an attorney.
Answer Applies to: New York
Replied: 3/21/2011
Raiser & Kenniff, PC
Raiser & Kenniff, PC | Steve Raiser
It would be the equivalent of a misdemeanor (because the amount of time that you can be sentenced to) but it is not a crime.
Answer Applies to: New York
Replied: 3/17/2011
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