What is the maximum punishment for an Article 107 offense?

The maximum punishment for an Article 107 offense in North Carolina depends on the severity of the offense. If the offense is considered less serious, the maximum punishment can be a dishonorable or bad-conduct discharge, loss of all pay and allowances, confinement for up to six months, and forfeiture of two-thirds pay for six months. If the offense is considered more serious, the maximum punishment can be a dishonorable discharge, total forfeiture of pay and allowances, and confinement for up to ten years. Additionally, the offender can receive an officership for up to ten years or a forfeiture of two-thirds of their pay per month for up to one year. All punishments are determined by a court-martial, and the defendant may receive a reduction in rank, forfeiture of allowances and pay, a reprimand, or a suspension of duties as a part of their sentence. It is also possible that an offender may be dismissed from the service if the offense is considered to be very serious. It is important to note that the court-martial’s judgement is subject to review by a service branch’s higher authority. In other words, the severity of the punishment can be reduced or increased once it is reviewed by the higher authority. It is also possible for the offender’s sentence to be commuted or suspended by the higher authority, depending on the severity of the offense.

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