Legal Defense for Military Desertion & AWOL

Seek Help from Our Skilled Military Defense Attorneys

When you enter into the military, you agree to adhere to a number of different laws and regulations, including those regulating how active duty personnel may take leave. Any military personnel who is thought to have deserted their unit, with or without communication, may be charged with AWOL or desertion. The punishments for these offenses are harsh and go beyond affecting life in the military - they can also affect your civilian life.

Understanding Article 85 of the UCMJ

Under Article 85 of the UCMJ, it is illegal for any service member to desert their unit or remain absent with the intention of staying away permanently. It is also considered a breach of Article 85 to leave your unit with the intention of avoiding certain services or duty. Desertion can be charged in a number of different cases and in several ways.

The main types of desertion under the UCMJ include:

• Desertion with the intent to permanently remain away
• Desertion with the intent to avoid hazardous duty
• Attempted desertion
• Desertion before a notice of acceptance of resignation

Aggressive Defense for AWOL & Desertion Charges

The government's task after accusing an individual of desertion or AWOL isn't to figure out the reason behind the absence but to prove that the accused intended to remain away. For example, if we can prove that you left suddenly to receive important medical treatment but planned to return as soon as possible, this may be a workable defense. Other defenses may include duress, former jeopardy, and mistake of fact. The length of the absence is one of a few factors that may be considered during a trial.

Regardless of the circumstances, if you've been accused of unauthorized absence, Gary Myers, Daniel Conway & Associates can help. We recommend that you address the situation as quickly as possible, especially if you can do so before you are arrested.