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AWOL Defense

AWOL Defense Attorney

Facing AWOL or Desertion Charges? Your Defense Starts Here

If you’ve been accused of going AWOL (Absent Without Leave) or desertion, your military career, personal freedom, and future civilian opportunities are all at risk. These charges—under Article 86 and Article 85 of the Uniform Code of Military Justice (UCMJ)—can result in confinement, dishonorable discharge, and permanent loss of military benefits. Whether you left your unit due to fear, trauma, family emergencies, or personal hardship, you deserve an experienced defense counsel.
At The Military Defense Firm, our team of military defense lawyers provides aggressive legal representation for service members facing AWOL cases and desertion cases. Our military attorneys are experienced with the complexities of military law and understand the personal pressures that often lead to unauthorized absence.

What Constitutes AWOL or Desertion Under Military Law?

Under Article 86 of the UCMJ, a service member is considered absent without leave (AWOL) when they fail to report to their place of duty, leave without permission, or do not return from approved leave. If the absence continues for over 30 consecutive days, or if there is intent to permanently avoid military service, the offense may be escalated to desertion under Article 85—a more serious charge under the Uniform Code of Military Justice.
Both AWOL and desertion are criminal military offenses that can trigger a court-martial. Understanding these distinctions is key to building your defense.
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Our Process

1. Representation During Investigation

We provide critical advice and representation during a criminal or command-driven investigation, ensuring your rights are protected and your side of the story is understood.

2. Independent Review

Then, we conduct an independent review of the facts in your case and the law that applies. We gather critical information in your defense.

3. Consultation with Command

We often find that, by consulting directly with your command, we are able to provide a unique take from a defense perspective. Sometimes, our perspective causes the command to drop the case.

4. Persuasive Response

If you ultimately receive paperwork, our team of experience military justice professionals works directly with you to draft and submit a persuasive response. This may include a legal memorandum, character letters, and other evidence we gather in your defense.

  • Why Do Service Members Go AWOL?

    There are numerous reasons why military personnel go into AWOL status:

    • Personal or family crises involving a family member

    • Mental health struggles, including PTSD, anxiety, or depression

    • Victim of sexual assault or harassment within the armed forces

    • Fear of deployment or retaliation

    • Miscommunication or administrative oversight

    These factors may justify your absence or reduce your culpability. Our experienced military defense attorneys will work with you to uncover the root of your situation and craft a strong, personalized defense.

  • Consequences of AWOL and Desertion

    AWOL and desertion are military crimes, with penalties that vary depending on the length of absence, your intent, and whether your case is resolved administratively or by court-martial:

    For AWOL:

    • Reduction in rank and forfeiture of pay

    • Confinement (up to 18 months)

    • Administrative discharge

    • Other-than-honorable or punitive discharge

    For Desertion:

    • Dishonorable discharge

    • Confinement (up to five years)

    • Loss of all VA and retirement benefits

    • Court-martial conviction and federal criminal record

    These outcomes can jeopardize your future employment, your standing in the military community, and benefits for you and your family.

  • Your Rights Under the Military Justice System

    If you’re facing AWOL charges or accusations of desertion, remember: you still have legal rights. These include:

    • The right to remain silent

    • The right to a military defense attorney

    • The right to a fair court-martial trial

    • The right to present mitigating evidence

    • The right to seek a case evaluation and legal advice

    Our law firm ensures that every service member we represent receives a vigorous and informed defense under the UCMJ.

  • Already AWOL? Don't Go It Alone

    If you are currently AWOL or in unauthorized absence status, the decisions you make now are critical. Voluntary return is often viewed more favorably by military authorities, but how that return is handled can shape the entire outcome of your case.

    Our team can help you plan a safe, strategic return by:

    • Contacting your unit or command on your behalf

    • Negotiating terms that may avoid court-martial or reduce punishment

    • Presenting your personal history and mitigating circumstances to the command

    • Protecting you from making statements that could damage your defense

    We can often help our clients resolve their cases through administrative measures rather than punitive discharge or lengthy confinement. Let us help you make informed decisions and return under the protection of trusted legal counsel.

  • How Our Military Defense Lawyers Can Help

    Our military criminal defense team handles unauthorized absence, absence without leave, and military desertion cases with precision and commitment. We:

    • Evaluate the facts and legality of your AWOL status

    • Assess whether a court-martial is justified

    • Work with military prosecutors to explore favorable resolutions

    • Defend you at administrative hearings and courts-martial

    As your defense lawyer, we pursue the best possible outcome, whether through dismissal, reduction of charges, or discharge upgrades. Our attorneys work tirelessly to ensure that your military service is not defined by a single mistake or difficult circumstance.

  • Representing Service Members Across All Branches

    Whether you’re in the Army, Navy, Air Force, Marines, Coast Guard, or Space Force, our military defense lawyers are here to defend your rights. We represent active duty service members in:

    Our law firm is known for experienced, strategic defense across all levels of military justice.

  • Take Action Now — Protect Your Freedom and Future

    Being accused of absence without leave or desertion doesn’t have to mean the end of your military service. With the right military attorney, you can protect your record, avoid harsh penalties, and move forward with your life.

    Schedule a complimentary meeting with one of our attorneys today. 

Want to Work With The Best Military Lawyers?

Call Us Now: (833) 231-8633