Every Military member knows they must fulfill their duties to the best of their ability and that the Uniform Code of Military Justice makes absence without leave (AWOL) a punishable offense. The penalties for being absent without leave can be severe, so contacting a military defense attorney can be instrumental in avoiding charges or exploring your options if you’ve been accused of going AWOL.
What Constitutes Absence Without Leave
According to the Manual for Courts-Martial, there are four ways a service member can be found guilty of going AWOL:
- Failure to Go to the appointed Place of Duty: The government and the prosecutors must prove that a specific authority ordered you to appear at a place of duty. To prove unauthorized absence, the government has to prove that you were well aware of the time and place of your duty but failed to attend without permission.
- Absence from a Designated Unit, Place of Duty, or Organization: The government has to prove that you left or were absent from your assigned place of duty, unit, or organization without authorization. Where applicable, the absence was put to an end after your apprehension.
- Leaving Your Appointed Place of Duty: The prosecutors must prove that you went to the specific place of duty at the appointed time but left without permission, and it must be proven that you intended to abandon the watch, guard, or duty.
While each case should be treated differently since there might be legitimate factors that led a service member to go AWOL, those factors might not be considered by military officials. When this happens, having an experienced military defense attorney on your side is crucial.
Penalties for AWOL Charges
While it might be difficult, you can prove that there were circumstances that prompted you to be absent without leave. If you are proven guilty of absence without leave, you may face the following penalties:
- Forfeiture for allowances and pay
- 11-18 months confinement
- A bad conduct or dishonorable discharge.
Working with a military defense attorney allows you to develop a defense strategy that will yield a favorable outcome and help you avoid any of the aforementioned charges.
Contact Our Experienced Military Defense Attorneys
At Golden Law. Inc, we are ready to offer the legal support you need to defend your freedom, job, rank, reputation, and retirement. Contact us today to schedule a consultation with our legal professionals.
