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MILITARY MULTIPLICITY LAW

Appealing a Court-Martial Conviction On Grounds of Multiplicity

A person that is accused of a crime cannot be convicted of both the original offense and the lesser included offense. This rule further declares that a person shall not receive multiple punishments for the same offense during a single criminal trial. This is the rule of multiplicity.

If you were convicted for a crime pertaining to an offense that was already addressed in another trial, you may have grounds for an appeal. Contact Daniel Conway & Associates today for a free consultation with our highly experienced military criminal attorneys.

Call (757) 401-6365 to arrange your first meeting with our knowledgeable legal team.

The Elements Test

The “elements” test is used to determine whether two offenses are factually the same, and therefore cannot be penalized twice. In the elements test, the court considers whether or not any of the offenses require a piece of evidence which the other does not. “[T]hoses elements required to be alleged in the specification, along with the statutory elements, constitute the elements of the offense for the purpose of the elements test.” United States v. Weymouth, 43 M.J. 329, 340 (C.A.A.F. 1995).

The analysis for an unreasonable multiplication of charges claims is guided by a list of non-exclusive factors enumerated in Quiroz. No one factor is a prerequisite, and one or more of the factors can be sufficiently compelling to warrant relief.

During the trial, three concepts for multiplicity may arise:

Multiplicity for double jeopardy purposes
Unreasonable multiplication of charges as applied to findings
Unreasonable multiplication of charges as applied to a sentence

Multiplicity can be a difficult concept to fully understand without a thorough legal education. Our military criminal law attorneys can tell you more about multiplicity and whether or not it can play any role in your court-martial appeal request.

Call (757) 401-6365 to arrange a free consultation with our military criminal defense lawyers today. We are available for appointments 24/7.

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Daniel Conway Partner
For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...
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Gary Myers Partner
Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...
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Brian Pristera Attorney
A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...
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Joseph Galli Attorney
Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...
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