AWOL & Desertion: Stop Running, Start Fixing It.
We help service members negotiate a safe return and avoid federal prison.
If You Are AWOL Right Now: Read This.
Do not wait to be caught. If you are pulled over for a speeding ticket, the police will see the federal warrant (NCIC) for your arrest. You will be thrown in a civilian county jail, potentially for weeks, until the military comes to get you.
The Solution: Contact Gonzalez & Waddington. We can arrange for you to surrender voluntarily at a specific military installation. Voluntary surrender is the #1 factor in avoiding prison time.
The Difference Between Article 86 (AWOL) and Article 85 (Desertion)
Prosecutors decide which charge to use based on your Intent.
- AWOL (Absent Without Leave): You left, but you planned to come back eventually. Maybe you had a family emergency or a mental health crisis.
- Desertion: You left and planned to never come back.
The “Intent” Trap
How do they prove you didn’t plan to come back? They look for evidence like:
- You threw away your uniform.
- You got a civilian job or apartment.
- You grew a beard or changed your appearance.
- You told a friend, “I’m never going back.”
We defend you by proving that your absence was temporary and caused by distress, not a criminal desire to quit.
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
Punishment Comparison
| Charge | Typical Confinement | Discharge Type |
|---|---|---|
| AWOL (Short Term) | Usually none (Article 15) | General or OTH Discharge |
| AWOL (>30 Days) | 1 – 6 Months | Bad Conduct Discharge (BCD) |
| Desertion (Terminated by Apprehension) | 18 Months – 3 Years | Dishonorable Discharge (DD) |
| Wartime Desertion | Up to Life (Rare) | Dishonorable Discharge (DD) |
Frequently Asked Questions (FAQ)
Q: What is a Chapter 10 Discharge?
A: This is the “Plea Deal” of the AWOL world. If charges have been preferred, you can request a “Discharge in Lieu of Trial” (Chapter 10 for Army). You agree to accept an Other Than Honorable (OTH) discharge. In exchange, the military agrees not to court-martial you or send you to jail. We negotiate these deals frequently.
Q: I left because I was being hazed/abused. Does that matter?
A: Yes. This is called “Duress” or “Necessity.” If you left because your life was in danger or you were being sexually assaulted and the command did nothing, we can use this as a defense to the charges or as powerful mitigation to ensure you get a better discharge characterization.
Q: Will I lose my VA benefits?
A: If you receive an OTH discharge, you generally lose the GI Bill. However, you may still be eligible for VA medical care for service-connected disabilities. We can fight for a General Discharge to preserve as many benefits as possible.
Turn Yourself In On YOUR Terms.
Don’t let the MPs drag you back in handcuffs. Let us help you walk in with your head up and a legal plan in place.
