UCMJ Article 86 AWOL Desertion Lawyer

UCMJ Article 86 AWOL Desertion Attorney

Absence without leave (AWOL) under Article 86 is a serious Uniform Code of Military Justice violation. If you’re on an unauthorized absence from the military, you can’t afford to face the consequences alone. Hire a California UCMJ Article 86 AWOL desertion lawyer right away.

The team here at Aaron Meyer Law has substantial experience in helping servicemembers navigate AWOL desertion laws. No matter how long you’ve been on an unauthorized absence, we can help you understand the potential consequences and prepare an effective defense should you face a court-martial.

Hire an AWOL Desertion Lawyer

While the military doesn’t release exact statistics regarding how many soldiers desert the service, it’s estimated that between 2,500 and 4,000 of them go AWOL each year. It takes 30 days of absence for a servicemember to be dropped from the rolls and reclassified as a deserter, but you could face serious consequences for shorter absences, as well.

If you’ve gone AWOL from a California military base like Camp Pendleton or Travis Air Force Base for even a few nights, you need to hire an AWOL desertion lawyer right away. If you’ve been away from your post for any period, we recommend speaking to a lawyer prior to returning so that you can negotiate a safe surrender and minimize potential negative consequences.

If you wind up facing a court-martial anyway, we can represent you, help you gather evidence to prove mitigating circumstances, and protect your rights.

Understanding UCMJ Article 86

AWOL occurs when a servicemember leaves a post for a period or fails to appear at an appointed place of duty. Some common examples of going AWOL include:

• Failure to appear at an appointed place of duty
• Leaving an appointed place of duty
• Absence from the unit
• Abandoning the watch or guard
• Absence from the unit with the intent to avoid maneuvers or field exercises

It’s relevant to note, however, that specific intent is not an element of unauthorized access.

Certain forms of going AWOL are considered more serious due to the presence of aggravating circumstances. These circumstances can include:

• A longer absence
• Abandonment of a special type of duty
• The intent that accompanied the absence

Difference Between Article 86 and Article 85

Article 85 refers to desertion, which is a more serious offense. This offense occurs when a servicemember leaves their post or unit with the intent not to come back. Examples that can be charged under Article 85 include:

• Desertion with the intent to remain away from the military
• Desertion with the intent to avoid hazardous duty
• Desertion with the intent to shirk important service
• Desertion before notice of acceptance of resignation
• Attempted desertion

You don’t have to make the decision to desert permanently prior to leaving. The intent to remain away can be formed at any point during your unauthorized absence.

Article 86 vs. Article 87 Offenses

Article 87 refers to missing movement because of negligence rather than failing to appear or deserting your post intentionally. It can still carry significant punishments, including confinement for up to a year, forfeiture of pay, reduction to the lowest enlisted grade, or even a bad conduct discharge. If you missed movements intentionally under Article 87, you could face a dishonorable discharge.

Penalties for Going AWOL

The penalties you’ll face under AWOL desertion laws vary based on the length of your absence and how you return. During wartime, punishments for going AWOL are substantially more serious. At any time, your penalty for desertion will be determined by the results of a court-martial.

The punishment can result in a month of confinement and the forfeiture of two-thirds of your pay. This applies if you were absent for three days or less. If your absence was longer, you could face more extreme punishments, including total forfeiture of pay and allowances, confinement for six months, and a bad-conduct discharge.

If you’re facing a court-martial for desertion or an Article 86 violation, you need to hire a UCMJ Article 86 AWOL desertion attorney to help you with your AWOL desertion case. The stakes are far too high to go into your hearing alone.

Special Considerations

Returning to the military after going AWOL for even a short period may feel like an impossible task, but you may be able to return to your position if there were extenuating or mitigating circumstances accompanying your long-term unauthorized absence. The ideal thing to do after leaving your post is to turn yourself in as soon as possible after hiring a military defense lawyer.

Hiring an AWOL desertion lawyer is the most effective way to minimize your chances of being dishonorably discharged or facing other severe consequences. Your lawyer may be able to help you establish the extenuating circumstances surrounding your AWOL desertion case so that you can be reinstated at your post with minimal disruption to your military career.

Viable Defenses Against Article 86 Charges

You need to be prepared to defend your career and freedom if facing charges of going AWOL under Article 86. The most common defense against these charges is that there was a mistake of fact. If you did not intend to desert your post or remain away from your unit, you may be reinstated for duty without punishment.

It’s worth noting here that if you were away on authorized leave and could not return to your unit due to no fault of your own, that’s not considered going AWOL. If you’ve found yourself in this position, your Article 86 AWOL desertion lawyer can help you explain the situation to the military authorities, providing evidence in your defense.

UCMJ Article 86 AWOL Desertion Lawyer

If you’ve deserted from the military or simply gone AWOL for a short period and want to avoid the worst potential outcomes of a court-martial, you need to find a skilled UCMJ Article 86 AWOL desertion lawyer to support you. You can trust the team at Aaron Meyer Law to help.

Led by Attorney Aaron Meyer, we have an impressive track record of successfully defending servicemembers against a wide range of charges, including desertion. We have helped military members avoid dishonorable discharges and officers retain their status and protect their careers by defending them against unjust charges. Find out how our team can help with your AWOL desertion case. Contact us to schedule an initial consultation today.