William Cassara, Attorney at Military Law

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Court-Martial Defense


Courts-martial are a unique court system, established to prosecute criminal cases involving service members. Many people are unaware of the drastic differences between civilian and military courts. Unless an attorney is familiar with the military court system, they may not be aware of all of these differences. Mr. Cassara has successfully defended accused service members in military courts of all services. He has represented service members across the country and in Europe, achieving favorable results in a number of complicated cases. Mr. Cassara spent five years in the United States Army as a prosecutor and defense counsel and, since 1993, has been in private practice representing service members in military courts.

The differences between the court-martial system and the civilian court systems are substantial. For example, in a court-martial, the "jurors" are other service members, who are specifically picked by the base commander to sit on courts-martial. In addition, the Article 32 (b) investigation, which occurs prior to a court-martial, has no real counterpart in the civilian world. Therefore, if you are pending court-martial it is important for you to have an attorney who is familiar with these differences.

Mr. Cassara has represented service members in a number of high profile and diverse cases. He has handled everything from special court-martials to murder cases at general court-martials. He has traveled from Fort Bragg, North Carolina to Camp Pendleton, California. Since his practice is limited to Military Law, Mr. Cassara keeps well informed of current trends and changes in military law.

Mr. Cassara's practice is limited to military law, and he concentrates on courts-martials and related matters. In addition to having worked as a military prosecutor, and having defended numerous service members at court-martial, Mr. Cassara is an adjunct professor at the University of South Carolina law school, where he teaches, among other courses, a course in Military Law. Mr. Cassara has also taught Military Law at the University of Baltimore Law School. He is also frequently asked to speak to junior military lawyers, and to provide instruction on the court-martial process.

Contact William Cassara

You may contact Mr. Cassara at bill@williamcassara.com or call him at
(888) 288-3347
or (706) 860-5769
 FREE CONSULTATION

Caution: Use of e-mail does not constitute an attorney-client relationship and is not a secure method of transferring personal information.  Please use it to request general information.


Frequent Questions

What are the different types of courts-martial?
There are three types of courts-martial - summary court-martial, special court-martial, and general court-martial.

What is a Summary Court Martial?
Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct. The summary court-martial consists of one officer who is not required to be an attorney or judge. It is frequently a line officer from within the command. The maximum punishment a summary court-martial may impose is considerably less than a special or general court-martial. The accused must consent to be tried by a summary court-martial, and the service member can request trial by a “regular” court-martial. Of particular importance is the fact that conviction by Summary Court-Martial does not count as a “conviction” in the civilian world.

What is a Special Court Martial?
A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused, officer or enlisted, may also request trial by judge alone. Regardless of the offenses involved, a special court-martial sentence is limited to no more than one year confinement, forfeiture of two-third’s basic pay per month for one year, a bad-conduct discharge (for enlisted personnel), and certain lesser punishments. An officer accused in a special court-martial cannot be dismissed from the service or confined.

What is a General Court Martial?
A general court-martial is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and at least five court members. In capitol cases, there must be at least twelve members on the court. Again, an enlisted accused may request a court composed of at least one-third enlisted personnel. Unless the case is one in which the death sentence could be adjudged, an officer or enlisted accused may also request trial by judge alone.
Read More . . .

What are the differences between courts-martial and civilian trials?
The differences are numerous. As noted, the military requires an Article 32 investigation, in which the accused is present, and his or her counsel may ask questions of the witnesses. In addition, at a court-martial, the verdict does not have to be unanimous (except in order to impose the death penalty) and the “convening authority” (usually the base commander) selects the panel members. There is no random jury selection.
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What should I do if I am facing a court-martial?
Contact your base defense counsel. In the Army, it is the Trial Defense Service. In the Air Force, it is the Area Defense Counsel. In the Navy it is the Legal Services Office. Do not speak to anyone except your attorney about the substance of your case. In particular, do not speak to co-workers, military investigators or your chain of command about the charges of which you are suspected.

You should consider whether you want to retain civilian counsel to represent you. Every case is different, and some lawyers are more experienced at certain types of cases than others. Military defense counsels tend to carry heavier case loads than civilians, and it may be in your best interest to consult with civilian defense counsel.

To discuss the specifics of your case, contact Mr. Cassara for a free and confidential consultation.
Read More . . .


Recent Courts-Martial

  • Obtained six months of clemency before Convening Authority for Airman convicted of rape and sentenced to two years confinement.
     

  • Secured sentence of no loss of rank and no discharge for Air Force E-7 at a general court-martial. Senior NCO was originally charged with black-marketing over $13,000 worth of goods. Mr. Cassara was successful in getting the charges reduced to a single specification of Negligent Dereliction of Duty. The only punishment the airman received was a forfeiture of pay, a reprimand and hard labor without no confinement. He was not discharged, did not lose any rank, and did not go to confinement. The decision allows him to remain in the Air Force or, in the worst case scenario, retire at his current pay grade.
     

  • Obtained sentence of no confinement and no discharge for soldier who was accused of shooting himself while in Iraq and with being AWOL for two years. Due to Mr. Cassara’s successful negotiations and advocacy, soldier was allowed to ETS with an honorable discharge without serving any confinement or losing any rank.
     

  • Mr. Cassara obtained dismissal of all charges after Article 32 investigation for Army Chaplain (0-3) accused of refusing to deploy to Iraq, false official statement, and related offenses. Command sought a General Court-Martial. At the conclusion of the Article 32 hearing, the Investigating Officer stated “If this were a fight, I would have stopped it.” The Investigating Officer recommended dismissal of all charges, and the Convening Authority agreed.
     

  • Mr. Cassara obtained a full acquittal in contested court-martial for rape. Despite the fact that the service member had given a detailed confession to C.I.D., Mr. Cassara successfully argued that the government had not met its burden of proof, and the soldier was found not guilty after a three day trial. REMINDER: If you are questioned about a criminal offense, you should speak to a lawyer before answering any questions. Mr. Cassara provides free consultations for service members suspected of crimes.
     

  • Obtained dismissal of all court-martial charges for NCO charged with nearly $20,000 in travel allowance fraud. Decision allows soldier to keep his rank, and retire from the military.
     

  • Obtained dismissal of all charges for Navy Master Chief charged with fraternization. Dismissal allows senior NCO to retire with full benefits at his current rate.
     

  • Obtained acquittal on premeditated murder charge for NCO charged with murder of four Iraqis. Soldier pled guilty to felony murder but was acquitted of the more serious charge of premeditated murder. Soldier avoided the death penalty, and will be eligible for parole in ten years. (See Media  page for more information.
     

  • Obtained dismissal of all charges for drill sergeant accused of sexual assault upon trainee. Charges were already referred to trial when Mr. Cassara succeeded in getting the case dismissed.
     

  • Obtained full acquittal of an Army PFC accused of abusing prisoners at a U.S. military prison in Afghanistan.  The soldier faced 20 years confinement upon charges of dereliction of duty, maltreatment, assault, wrongful use of hashish and indecent acts, including allegations of physical violence and threats of rape. (See Media  page for more information.
     

  • Obtained sentence of no confinement for soldier convicted of child abuse. Soldier originally found guilty of three charges at court-martial. After retaining Mr. Cassara for his appeal, Mr. Cassara succeeded in getting two of the charges thrown out. At sentence re-hearing, soldier sentenced to no confinement and no discharge. Sentence allows soldier to obtain back pay, and remain on active duty.
     

  • Obtained retirement for NCO charged at court-martial with sexual harassment and indecent assault. E-7 charged with serious allegations of fraternization and indecent assault. Mr. Cassara was able to convince the command to refer the case to a summary court-martial, where the soldier was allowed to retire and did not receive any confinement.
     

  • Obtained retirement at full rank for E-7 originally charged at court-martial with bribery, dereliction of duty, and disobeying a lawful order. Mr. Cassara convinced the government to dismiss the bribery and larceny charges. Soldier received only a monetary penalty, and no loss of rank or confinement.
     

  • Obtained extremely favorable sentence for soldier charged at court-martial with attempted murder. Soldier found not guilty of attempted murder, but guilty of assault and sentenced to only six months confinement. Soldier was facing life in prison without the possibility of parole.
     

  • Successfully negotiated dismissal of court-martial charges for NCO charged with BAH fraud. Government alleged that the NCO defrauded the government out of a large sum of money. After a thorough investigation, Mr. Cassara was able to demonstrate that the money was rightfully paid, and the charges were dismissed.
     

  • Obtained dismissal of all court-martial charges for Army warrant officer charged with pre-meditated murder in death of Iraqi detainee. Mr. Cassara succeeded in getting the government to dismiss all charges prior to trial and refer the case to an Article 15. At the Article 15 hearing, the soldier received only a monetary penalty, and the Article 15 was filed in his restricted fiche, allowing him to get promoted and remain on active duty. As such, the warrant officer will retire at a higher pay grade.
     

  • Secured retirement at full rank for NCO who pled guilty to fraternization with trainees before a court-martial. Government agreed to a disposition that allowed the NCO to keep all of his retirement.
     

  • Obtained favorable result for soldier who twice refused to deploy to Iraq in a court-martial. After twice deserting his unit and claiming he was a conscientious objector, soldier was sentenced to only six months confinement, the majority of which had already been served.
     

  • Secured retirement for USAF NCO who pled guilty to stealing $15,000 in government property in a court-martial. Government sought a sentence of four years confinement a bad-conduct discharge. Airman received a two grade reduction and one year confinement, and was allowed to retire.
     

  • Obtained full acquittal for soldier charged with rape in Iraq in a court-martial. Soldier was accused of sneaking into the tent of a co-worker and raping her. Panel acquitted soldier of rape. He was facing life in prison without the possibility of parole.
     

  • Secured dismissal of all charges for Army Chaplain facing a court-martial with charges with malingering and AWOL. Prosecutors contended the chaplain feigned injury to avoid deployment. After the Article 32 hearing officer recommended dismissal of all charges, the charges were withdrawn, and the chaplain remained on active duty.
     

  • Obtained acquittal in a court-martial of all charges of NCO charged with shoplifting from PX in Germany. While the government had a video tape that allegedly showed the client removing large amounts of store merchandise, Mr. Cassara obtained an acquittal.
     

  • Obtained acquittal for NCO charged with sexual assault of subordinate in a court-martial. E-7 was accused of serious sexual misconduct with subordinates, including sexual assault. Soldier was found not guilty of all charges, and has since been promoted to warrant officer.
     

  • Represented service member in contested court-martial for murder, obtaining favorable result. Soldier facing murder charge and life in prison convicted of assault and sentenced to six months confinement.
     

  • Obtained full acquittal for Army E-6 charged in a court-martial with numerous serious allegations of child sexual abuse. Drill sergeant acquitted of all charges and allowed to remain in the service.
     

  • Obtained full acquittal in a court-martial for Army E-7 recruiter charged with sexually assaulting several recruits. Five recruits alleged their recruiter sexually assaulted them. Soldier acquitted of all charges.
     

  • Obtained full acquittal in a court-martial for Army E-7 charged with housing allowance fraud. Government alleged soldier collected BAH to which he was not entitled. Military judge acquitted him of all charges.
     

  • Obtained acquittal on most serious charges for soldier charged with attempted murder in a court-martial.
     

  • Obtained full acquittal for officer charged with larceny of government funds at a court-martial.
     

  • Obtained extremely favorable result in a court-martial for an NCO charged with assaulting one of his troops.
     

  • Obtained acquittal in a court-martial for female NCO charged with sexual offenses. Soldier alleged to have engaged in consensual sex with a fellow soldier, after claiming she was assaulted. Acquitted of all charges.
     

  • Obtained acquittal for E-7 drill sergeant charged with sexually assaulting trainees in a court-martial.
     

  • Obtained extremely favorable result in a court-martial for an E-6 charged with spousal abuse.
     

  • Obtained full acquittal for Air Force E-3 charged with aggravated assault in a court-martial. Airman charged with violent assault on fellow airman. Military Judge acquitted him of all charges.
     

  • Represented Army E-8 in a court-martial charged with IMPAC credit card fraud allowing NCO to keep his retirement.

 

 

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