Desertion Military Defense Lawyer
Absent Without Leave (AWOL) and Desertion Are Serious Allegations With
AWOL and desertion cases are never simple. On the face of it are the charges: the
court martial, possible imprisonment, punitive discharge. But beneath the surface lies
a complicated context of justification, where traumatic events, medications,
and psychological or familial situations undermine a service member’s
ability to act in a manner consistent with what the military wants and expects.
Bilecki & Tipon understands how the convergence of events can overwhelm otherwise sound-minded
service members, leading to poor judgement and bad decision making. By
combining aggressive representation with compassionate guidance, our team
can help mitigate or avoid many of the serious repercussions of desertion,
AWOL or unauthorized absence from service.
AWOL and Desertion - It's a Matter of Intent
While to terms AWOL and desertion are often interchanged, there are significant
differences between the two:
Desertion is departure of a service member from his military duties with
the intent to remain away permanently. If the government believes that the accused had the intent, at any point,
to remain away permanently and not return to the military—especially
in the case of deployment—then the government will typically charge
AWOL, on the other hand, may be an involuntary absence caused by any number
of reasons. Cases where the defense can prove that their client was AWOL and didn’t
intend to remain away permanently or desert the military are often met
with a successful results.
The goal of any defense attorney in a desertion case is typically to attack
the “intent” element that the prosecution is trying to make.
Doing so can spell the difference between a conviction and an acquittal,
or between a slap on the wrist and years of confinement.
If you’re currently AWOL or have been charged with AWOL or desertion,
then finding an attorney who can obtain the necessary evidence and present
it to the either the command, the Office of the Staff Judge Advocate,
or a military jury is essential. These matters can range from a misunderstanding
regarding the duty location requirements, to needing to go home to take
care of a sick family member, to having fundamental medical and mental
health issues that caused the absence.
AWOL and Desertion Cases Are Time-Sensitive and
If you’re currently in an AWOL or desertion status, or charged with
one of these offenses,
contactone of the attorneys at Bilecki & Tipon to discuss your options TODAY. We’re available
anytime, day or night, 24 hours a day 7 days a week, at (800) 996-9747.