A service member in the military who does not report for duty is often subject to serious charges. Three offenses fall within this category: absence without permission (AWOL), military desertion, and missing movement. Each of these offenses carries severe penalties, up to and including death for military desertion in time of war.
The military uses the term AWOL which means that you’re not in the place you’re supposed to be at a specific date and time. After a set amount (usually 30 days), the AWOL status changes to military desertion. This is a serious offense and can range from 15 minutes late to being put on the FBI Most Wanted List.
It is improbable that a person who’s been AWOL or has been placed in military desertion status will receive the most severe punishment after returning to the military, except in extreme circumstances (for instance, if someone was AWOL and later went on a criminal spree). Additionally, the maximum punishment under military laws is life in prison or death if the desertion was executed to avoid the threat of war.
There are a variety of AWOL penalties, which typically depend on the gravity or the circumstances that led to an individual’s absence. The maximum penalty for this crime will depend on the circumstances that caused the absence.
Failure to report to or depart from the duty location (such as arriving late to work, leaving early, or not showing up for an appointment):
If the individual is on watch or guard duty and then abandons the post without authorization and with the intention to leave the post:
If the individual is on watch or guard duty and then abandons the post without authorization, however, their intent wasn’t to leave the post:
If the soldier is absent from the organization, unit, or a different place of duty for more than 3 days:
If the individual is absent from the unit, organization, or a different duty location longer than thirty consecutive days:
If the individual is AWOL with the intention to stay clear of any field exercise or maneuver misconduct discharge:
The most serious of these is desertion. of all the offenses committed by absentees. The main distinction between AWOL and military desertion is the intention to avoid the military for a long time. The penalties and desertion punishment vary according to duration and intention.
If the individual deserted but then voluntarily returned under military control:
If the individual deserted and was later terminated with apprehension:
If the individual deserted with the intention to avoid dangerous duty or to avoid important service:
If the individual deserts in the time of war, the member could be sentenced to death or a different penalty (such as life imprisonment) that a court-martial might decide.
The fact that you were accused does not guarantee that you will be automatically deemed guilty. There could have been a legitimate reason for leaving your post without permission. You will need the assistance of a military criminal defense lawyer to prove this.
Our firm has years of experience in dealing with military cases, and we can protect your interests in the courtroom. We can construct the solid defense you require, thanks to our unwavering work ethic, exceptional legal ability, and extensive knowledge.
Don’t let a military desertion accusation jeopardize your freedom and damage your career. To learn how we can help you, get in touch with Court & Carpenter today!
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Our aggressive defense of Air Force members has always been dedicated “to the warriors who go forth [into the skies] to find and defeat our nation’s enemies.” American Fighter Pilots I have been defending these men and women in blue since watching a “friendly” game of crud one night in Ramstein, Germany. It is always an enormous pleasure to immerse oneself into the technical complexities that Air Force careers demand. Over the years we have defended pilots, security forces and, of course, folks on the flight line.
Whatever your rank, worldwide location, charged offense, or circumstance, your invaluable life, or the life of your loved one, deserves more than just a competent legal defense.
Nuance: U.S. Air Force courts-martial are unique in their application of Rules for Courts-Martial 801(b)(2)(c) and Military Rules of Evidence 614 in having its judges proactively inviting panel (“jury”) members to ask for additional evidence, after trial and defense counsel rest, but before starting deliberations on the verdict.
As a former U.S. Army JAG, I fondly recall the hard work, deployments and duties. Above them all, General David Petraeus is an American hero, and he, like many former U.S. Army Generals, have left an indelible legacy on what it means to serve. There is plenty to do. The U.S. Army leads the way, every year, in the number of courts-martial. Its legal experts are brilliant, and as such, have been tasked with training the other military branches, at the University of Virginia, on the rules, procedures and regulations applicable to military justice.
Whatever your rank, worldwide location, charged offense, or circumstance, your invaluable life, or the life of your loved one, deserves more than just a competent legal defense.
Nuance: U.S. Army military judges will not provide the “unsworn statement instruction” during presentencing should the accused wish to waive it; which is typically a good tactical decision. The other services will commonly provide it, however, even if the accused says no. Additionally, this service does a fine job of tailoring fines to offset confinement as detailed in Rules for Courts-Martial 1003.
The Coast Guard is a fabulous service. These cases can take one to some far-off places around the United States, as Coast Guard bases are relatively small, and can also be rather isolated. Ultimately, despite some issues, its members have an uncanny knack for finding justice, such as in three notable cases our firm defended U.S. v. Daly, U.S. v. Cooley, and U.S. v. Riesbeck.
Whatever your rank, worldwide location, charged offense, or circumstance, your invaluable life, or the life of your loved one, deserves more than just a competent legal defense.
Nuance: This is the only service that allows the command to initiate involuntary separation even after someone is fully acquitted at court-martial. Over the past five years the U.S. Coast Guard has finally began detailing U.S. Coast Guard members to U.S. Coast Guard courts-martial, prior to that, the only non-Coast Guard members in the entire courtroom was the defense lawyer Navy JAG and yours truly. Put simply, it is nice to now see an even mix of uniforms.
It may be all that time underway, but I truly believe Sailors have the best sense of humor of the lot. It is always a distinct honor to represent officers, senior and junior enlisted Sailors. Even more, this service is likely the most practical in handling military justice cases. In other words, while the other services may occasionally seek to over emphasize certain aspects of a court-martial, U.S. Navy JAGs are fabulous at cutting to the root of the matter. It is also an added advantage that U.S. Navy Defense Service Office (DSO) JAGs have their own private investigator working in their office, no other branch of service has such a great resource on staff.
Whatever your rank, worldwide location, charged offense, or circumstance, your invaluable life, or the life of your loved one, deserves more than just a competent legal defense.
Nuance: Naval Prosecutors are particularly adept at negotiating pretrial agreements. They rely heavily on the concept of “probation” as Rules for Court-martial 1109 describes. On the other hand, Captain Masts can be a difficult hurdle when a Sailor is attached to a vessel, as trial by court-martial cannot be demanded.
I served several months as a U.S. Marine Corps JAG, most memorably at Camp Pendleton. These are men and women that are not only mentally fit, they are equally physically and spiritually superb. It is always a distinct honor to be in these courts. Additionally, as an aside, I consider the U.S. Marines and U.S. Army to be related, like distant cousins, because their courts-martial panels (“juries”) have the same tendency to render relatively lenient sentences. Put simply, these two services, more than the others, seem to share a common bond of what it truly means to be in harm’s way, and accused who have been to combat undoubtedly benefit from this notion.
Whatever your rank, worldwide location, charged offense, or circumstance, your invaluable life, or the life of your loved one, deserves more than just a competent legal defense.
Nuance: Marines stationed overseas seemingly remain, among all the services, to be the most vulnerable to overseas law enforcement sting-operations.
* We have many positive reviews and counting. Here are some samples of what service members or their families are saying about us in the field.
Army BOI Highly recommend Mr. Carpenter for Army BOI. He was superb during trial and very precise against the prosecutor. Result: I was RETAINED to stay in the Army. He did the impossible and made it possible for my family and I. Jason and Stephen did a amazing teamwork. I will never forget them and will always be thankful for what they did. Stephen is a Great person
Board Found No Misconduct. I highly recommend using Attorney Stephen Carpenter for your legal needs. I contacted Attorney Carpenter after receiving notification of a General Officer Memorandum of Reprimand (GOMAR). Attorney Carpenter agreed to take my case despite his full caseload. He immediately submitted his rebuttal that was used as facts for my Administrative Board Review. Attorney Carpenter rebuttal saved my 31 years of service in the United States Army.
Incredibly professional and skilled lawyer Stephen crafted a masterful and persuasive defense that ultimately led the BOI to decide for retention. His attention to detail and ability to speak directly to a military board was invaluable. I would absolutely recommend his services to anyone who would require legal assistance in crafting and presenting their defense.
Review for a BOI Stephen was exceptional, and a big reason that I still have a career right now. On the phone, he made himself available to answer burning questions that I had. In front of a board of inquiry, he was sharp, quick-witted, and practiced in a way that befits a man with his extensive experience.
Retained by Board of Inquiry My sincerest gratitude for Stephen Carpenter’s successful BOI defense when wrongfully accused of SHARP claims alleged in the midst of the politically-charge, MeToo tsunami. It is a frightening process: being accused, receiving a GOMOR, and facing a BOI hearing with the burden clearly on the accused to prove innocence. Immediately upon hiring Stephen, he stood with me through the lengthy, bureaucratic process, providing support, counsel, rebuttals, and ultimately mounting a successful defense resulting in the Board’s recommendation of retention. Stephen saved my career, defended my honor, and restored my future through his diligence, utmost professionalism, and unwavering confidence.
* We have many positive reviews and counting. Here are some samples of what service members or their families are saying about us in the field.
A Great Military Lawyer that cares about you and your family! I was caught in a whirlwind of false accusations and under investigation by NCIS. After eight months of not seeing my children due to a Military Protective Order, then another few months of not being able to communicate with or see my wife, it was obvious I needed more assistance than my appointed JAG lawyer could provide. I contacted Mr. Carpenter after doing much research to find legal counsel that dealt specifically with the military. I was very impressed at my first meeting with him and retained his services for my defense. He immediately fought so I could visit with my family and, ultimately, had the MPO rescinded. NCIS found no evidence to support the accusations and, after 1-1/2 years of ruthless investigation, my case was not sent to Court Martial. However, my Commanding Officer decided to send me to Administrative Separation Board (ASB), potentially ending my career in the Navy. Once again, Mr. Carpenter was fast to act. Due to his broad knowledge of the military and his ability to bring the best out of my appointed JAG lawyer, Mr. Carpenter put on a stellar defense. He gathered statements from family, friends, and co-workers through countless hours of interviews. Although a typical ASB takes one day, mine was two days, due to the abundant defense evidence to be presented and Mr. Carpenter’s veritable arguments. The ASB members returned a verdict of No Basis and Retention, thus allowing me to stay in the Navy and fulfill my goal to retire. Mr. Carpenter, literally, saved my family and my entire career. He still contacts me months later to simply see how things are going and discuss my career path. I strongly recommend Mr. Carpenter and his team for any military legal situations.
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Administration Separation Board, Positive Urinalysis, Petty Officer First Class In March of 2016 I was notified of my medical retirement. Within days of that I was informed that I had shown positive on a command urinalysis for Oxycodone. The investigator informed me that I had an expired prescription. I was then informed of the next steps, which were XOI, Captains Mast, and ASB. I immediately did my reach on the best military attorneys. Every website and phone call I made indicated that Stephen Carpenter is the best there is. Stephen is a professional in every sense of the word. He knows his way around the courtroom and know's how to exemplify the facts. He was able to find facts the command didn't think to look into and also emphasize my medical conditons. Through his hard work and diligence, my board was a no cause found for separation, unanimously. My family and I cant thank him enough for what he has done. My name has been vindicated and I can walk around with the pride I worked so hard to achieve. Also his intern Jason Greene is phenomenal. That young man is going to make for an amazing attorney one day. Thank you Stephen. -Rob
