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Military Offenses Statute of Limitations
For court-martials, the statute of limitations is five years, except for any offense where the maximum permissible punishment is death, and for absent without leave (AWOL) or missing movement in time of war.
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Statute of Limitations – Army Court Martial Defense
In Article 43, UCMJ (10 U.S.C. § 843), Congress set out the statute of limitations with respect to offenses under the Uniform Code of Military Justice. For almost all offenses, a person may not be tried if the offense was committed more than five years before the receipt of sworn charges by an officer exercising summary court-martial jurisdiction over the command.
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Citing statute of limitations, military judge dismisses child rape charges against retired Army 2-star By: Todd South March 27 Retired Army Maj. Gen. James Grazioplene, left, leaves the courthouse at Fort Belvoir, Virginia, after his arraignment on six charges related to raping a minor over the course of six years.
Statute of Limitations – Military Defense Attorneys
Statute of limitations is suspended during the time of war and for three years after the termination of hostilities. Art. 43(f). “Time of War.” United States v. Swain, 27 C.M.R. 111 (C.M.A. 1958). Korean Conflict constituted a time of war for purposes of Article 43(f)).
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