Military AWOL Cases, Desertion Cases, Failure to Go Cases, and Other Military Absence Offenses (UCMJ Articles 85-87) – Military Defense Lawyer

When military members are accused of being away from their required place of duty without authorization, they can face a variety of military adverse actions and disciplinary actions, to include court-martial trial. Military absence offenses are charged under UCMJ Articles 85-87. If you are a military member facing these allegations, you need a strong military defense lawyer as your advocate. Attorney Richard V. Stevens has been handling military absence offense cases for over 30 years. He, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of these military misconduct claims.

ABSENCE WITHOUT LEAVE (UCMJ Article 86):

Uniform Code of Military Justice (UCMJ) Article 86 addresses alleged Absence Without Leave (AWOL). There are multiple alleged offenses under this Article of the UCMJ:

– Failure to go to appointed place of duty.
– Going from appointed place of duty.
– Absence from unit, organization, or place of duty.
– Abandoning watch or guard.
– Absence from unit, organization, or place of duty with intent to avoid maneuvers or field exercises.

UCMJ Article 86 is designed to cover every absence case not addressed by other UCMJ Articles for situations in which a member of the military is – through that member’s own fault – not at the place where that military member is required to be at the time he/she is supposed to be there. It is not necessary that the person be absent entirely from military jurisdiction and control. UCMJ Article 86 offenses require the accused military member to actually know of the appointed time and place of duty, and these offenses can be aggravated by the duration they were allegedly away from their appointed place of duty, and how their absence was terminated (did they return voluntarily or were they apprehended?). Some examples of an Article 86 offense could be missing a mandatory dental appointment, missing a day of duty without excuse, or going AWOL for a certain period of time. AWOL offenses are less serious than Desertion (UCMJ Article 85), because they do not require the intent to stay away for good.

DESERTION (UCMJ Article 85):

Uniform Code of Military Justice (UCMJ) Article 85 addresses alleged Desertion. There are also multiple alleged offenses under this Article of the UCMJ:

– Desertion with intent to remain away permanently.
– Desertion with intent to avoid hazardous duty or to shirk important service.
– Desertion before notice of acceptance of resignation.
– Attempted desertion.

UCMJ Article 85 is designed to cover more serious absence offenses in which the accused military member intended to be absent permanently. These offenses are also aggravated by the duration they were allegedly away from their appointed place of duty, and how their absence was terminated. Attorney Richard V. Stevens has defended many military clients accused of absence offenses, including a client who was accused of Desertion for allegedly leaving his duty station when he was facing court-martial for an unrelated offense, and being gone for 22 years until he was apprehended by civilian law enforcement authorities.

MISSING MOVEMENT; JUMPING FROM VESSEL (UCMJ Article 87):

UCMJ Article 87 is designed to cover a serious absence offense in which the accused military member (a) through neglect or design, misses the movement of a ship, aircraft, or
unit with which the person is required in the course of duty to move; or, (b) who wrongfully and intentionally jumps into the water from a vessel in use by the armed forces.

RESISTANCE, FLIGHT, BREACH OF ARREST, AND ESCAPE (UCMJ Article 87a):

UCMJ Article 87a is designed to cover a serious absence offense in which the accused military member allegedly does one of the following:

– Resisting apprehension by a legal authority.
– Flight from apprehension by a legal authority.
– Breaking arrest.
– Escape from custody.
– Escape from confinement.

OFFENSES AGAINST CORRECTIONAL CUSTODY AND RESTRICTION (UCMJ Article 87b):

UCMJ Article 87b is designed to cover a serious absence offense in which the accused military member allegedly does one of the following:

– Escape from correctional custody.
– Breach (beyond prescribed limits) of correctional custody.
– Breach (beyond prescribed limits) of restriction.

An experienced and aggressive defense attorney is absolutely vital in these military cases.

Depending on the unique circumstances of the allegation, military absence offenses can range in the level of seriousness, including very serious allegations in general court-martial trials. Handling these cases requires the expertise of a skilled military defense lawyer. The accused military member in these cases could face significant jeopardy – a military disciplinary action that damages their career progression, a possible involuntary administrative discharge, or a possible court-martial trial. In the event of a military court-martial trial, the accused military member faces a possible federal criminal conviction, jail sentence, bad conduct discharge, dishonorable discharge or dismissal (depending on rank), reduction in rank, forfeitures of pay and allowances, and a variety of other legal, professional, personal, and family consequences.

Civilian court-martial defense lawyer Richard V. Stevens is a civilian criminal defense attorney and former active duty military JAG lawyer who exclusively practices military law and defends military members stationed around the world who are facing military trials, discipline and investigations. If you’re facing military allegations regarding absence offenses, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.

No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.

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