Absence without leave and desertion are serious UCMJ violations that can have lifelong consequences if not addressed immediately.
MJA has defended service members charged with desertion and AWOL. If you or a loved one is currently in an authorized absence status from the military, don’t delay in seeking legal help. Contact our military defense lawyers now to learn more.
Dobbins Air Reserve Base, Marietta, Georgia. A First Sergeant in the United States Marine Corps was accused of defrauding the federal government of nearly $30,000 worth of pay and allowances.
MCAS Beaufort, South Carolina. Marine Corporal (E-4) Acquitted at Court-Martial of Aggravated Assault on Minor.
MCAS Beaufort, South Carolina. Marine Corporal (E-4) Acquitted of Assault with a Loaded Firearm on Base.
Marine Staff Sergeant (E-6) Accused of Defrauding the Government $14,000 in Government Travel Credit Card Charges.
MCAS Beaufort, South Carolina. Staff Sergeant (E-6) facing 21 charges of hazing, maltreatment, and orders violations.
Charges of espionage and theft of government property dismissed against Marine Lance Corporal.
A Marine Gunnery Sergeant (E-7) received no punishment after facing several decades of brig time and a punitive discharge for writing $16,000 in bad checks.
Marine Corps Recruit Depot Parris Island, South Carolina. A Marine Drill Instructor was charged with 15 specifications of hazing, maltreatment, and orders violations of nine Recruits.
Petty Officer First Class Accused of Defrauding the Government of Thousands of Dollars Honorably Discharged.
Fort Leonard Wood, Missouri. Marine Corporal (E-4) Tried at Court-Martial of Serious Offenses Honorably Discharged.
Desertion, in contrast, occurs when a service member remains absent from his unit with the intent to remain away permanently. The following specific conduct may be charged as desertion under Article 85:
The intent to remain away permanently from the unit can be formed at any time during the unauthorized absence. This intent can be proven by circumstantial evidence.
The maximum punishment for AWOL increases based on the length of absence and how the absence is terminated. For example, the maximum punishment for “failure to go” is confinement for 1 month and forfeiture of two-thirds pay for 1 month. In contrast, an unauthorized absence for more than 30 days can result in a dishonorable discharge, total forfeitures, and confinement for 1 year.
Desertion terminated by apprehension carries up to 3 years confinement or, in time of war, death.
Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.
Owner and Founder
Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.
Managing Partner
Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.
Partner
Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.
Partner
Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.
Senior Counsel
Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.
Of Counsel
Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.
Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.
Available 24/7 to Help Anyone in the World
(843) 755-6535
