Practice areas
Desertion
Serving Omaha, All of Nebraska, and Western Iowa
Desertion
The consequences of military desertion charges are severe, and every case is unique. Those charged need more than cut-and-paste legal guidance. Here’s what you need to know.
Desertion Case Experts
The Dornan Law Team specializes in defending service members against military desertion charges. Our military justice attorneys know how to handle complex, high-stakes cases to protect your rights, reputation, and future.
We Understand Your Charges
Desertion is not the same as Absent Without Leave (AWOL).
Under Article 85 of the Uniform Code of Military Justice (UCMJ), desertion means intentionally abandoning your duty for more than 30 days with no intention of returning. It can also mean leaving to avoid hazardous duty or deployment, such as:
- Failing to return from leave or deployment
- Leaving your post during a time of war
- Falsely reporting for duty elsewhere to avoid service
penalties for desertion
- Dishonorable Discharge
- Forfeiture of pay and benefits
- Rank reduction
- Life imprisonment
- Capital punishment
Details matter. Each case depends on the service member’s intent, circumstances, and actions. Having a dedicated criminal defense attorney is therefore imperative.
Military Desertion Charges: What to Expect
Here’s what you might encounter:
- Investigation — The military initiates an investigation involving law enforcement or military police.
- Apprehension — A federal warrant may be issued, sometimes involving civilian authorities.
- Charges — Your command determines whether to pursue AWOL or military desertion charges.
- Legal Proceedings — A court-martial or administrative separation could follow, depending on the circumstances.
Each step is crucial to the military justice system, and how your case is handled from the outset can significantly influence the outcome. Early legal representation is critical, so don’t delay.
Contact the Dornan Law Team Today
Our criminal defense attorneys can help craft valid defenses for military desertion charges. We can cite lack of intent, mental health or duress, administrative mistakes, or mistaken identity, where applicable. Contact our team today to schedule a consultation and discuss your charges and options.
Military-appointed JAG attorneys are often overburdened and operate within the military’s legal system. However, you deserve independent advocacy when you’re future is on the line. The Dornan Law Team will investigate your case, collect evidence, negotiate with the command and prosecutors, and fight for your rights.
Personalized Strategy & Proven Results
No two desertion cases are identical, and we know that. We tailor our defense to your case’s facts, history, and needs. Our criminal defense attorneys have successfully defended clients against complex military desertion charges across Nebraska.
The Dornan Law Team provides confidential support to help protect your privacy and your career. Reach out to our legal experts today to learn more.
Get the Right Defense Now
Military desertion charges can carry life-altering consequences, so don’t wait to contact a criminal defense attorney. We’re ready to help and can answer any questions you may have.
Frequently Asked Questions
Q: What is the statute of limitations on desertion?
A: For most cases, the statute of limitations is 5 years, unless the alleged desertion was to avoid hazardous duty or war.
Q: Can military desertion charges affect my civilian life?
A: Yes, a conviction may result in loss of veteran benefits, difficulty finding employment, and a permanent mark on your record.
Q: Is it possible to resolve my case without a court-martial?
A: Many cases can be settled through plea negotiations or administrative actions, but early legal intervention makes all the difference.
Testimonials
WHAT OUR CLIENTS SAY
Jason Troia is the best lawyer I have ever had. I was facing up to 50 years for some serious charges, and Mr. Troia was able to get my case completely dismissed within a matter of a couple months. He was very straightforward and honest up front and he was able to accomplish exactly what he said.
Mason Blythe
Tim J Anderson was absolutely amazing to work with!! Took his time to prepare a solid game plan and really listened to any concerns. Office setting was welcoming and comfortable. All around 10 out of 10 highly recommend Timothy!!!!!
Michaela Day
Timothy Anderson is very professional and got my charge completely dropped, closed and sealed. I was on a one year diversion program and got off after six months! Charges dropped. Clean slate. He is wonderful to work with he listens to you and advocates for you.
Jordy
