Criminal Law

What Happens If You Desert the Army?

Deserting the army has severe consequences, including court-martial, imprisonment, and loss of benefits.

Understanding Army Desertion

Army desertion, also known as Absent Without Leave (AWOL), occurs when a soldier intentionally leaves their post without permission. This can be a serious offense, with consequences ranging from administrative punishment to court-martial.

Desertion is considered a crime under the Uniform Code of Military Justice (UCMJ) and can result in severe penalties, including imprisonment, loss of pay and benefits, and a dishonorable discharge.

Consequences of Deserting the Army

The consequences of deserting the army can be severe and long-lasting. A soldier who is found guilty of desertion can face a court-martial, which can result in imprisonment, fines, and a dishonorable discharge.

In addition to these immediate consequences, desertion can also have long-term effects on a soldier's life, including difficulty finding employment, loss of veterans benefits, and social stigma.

Types of Desertion

There are several types of desertion, including AWOL, desertion to avoid hazardous duty, and desertion to avoid court-martial. Each type of desertion carries its own set of consequences and penalties.

AWOL, for example, is considered a less serious offense than desertion, but can still result in administrative punishment, including loss of pay and benefits, and confinement.

Defenses to Desertion

There are several defenses to desertion, including duress, necessity, and lack of mental capacity. A soldier who is facing desertion charges may be able to argue that they were forced to leave their post due to circumstances beyond their control.

A skilled military defense attorney can help a soldier navigate the complexities of military law and build a strong defense to desertion charges.

Seeking Help for Desertion

If you are a soldier who is considering deserting the army, or if you have already been charged with desertion, it is essential to seek help from a qualified military defense attorney.

A military defense attorney can provide guidance and representation throughout the legal process, including during the investigation, court-martial, and appeals process.

Frequently Asked Questions

What is the difference between AWOL and desertion?

AWOL is considered a less serious offense than desertion, and typically involves a shorter period of absence.

Can I be court-martialed for desertion?

Yes, desertion is a serious offense that can result in a court-martial, imprisonment, and a dishonorable discharge.

What are the consequences of deserting the army?

The consequences of deserting the army can include imprisonment, loss of pay and benefits, and a dishonorable discharge.

How can I defend myself against desertion charges?

A skilled military defense attorney can help you build a strong defense to desertion charges, including arguing duress, necessity, or lack of mental capacity.

Can I still receive veterans benefits if I am convicted of desertion?

No, a soldier who is convicted of desertion is typically ineligible for veterans benefits, including healthcare, education, and employment assistance.

What should I do if I am considering deserting the army?

If you are considering deserting the army, it is essential to seek help from a qualified military defense attorney who can provide guidance and representation.