Legal Question in Military Law in Iowa

Desertion

My fiance just turned himself in from being awol from the army but they are going to charge him with desertion i thought in order to be charged as a deserter you have to have actual knowledge you were being shipped out and they had to prove that. What are the poss. punishments for him?


Asked on 1/27/08, 3:38 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Desertion

The charge of desertion is going AWOL with the intent to remain away permanently, and is just a starting point for negotiation with his

Trial Defense Services JAG attorney. It is difficult to prove, and they'll probably accept a plea to AWOL for the period of time he was gone. Actual knowledge that you were shipping out is one of the elements of the offiense of missing movement, not desertion.

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Answered on 1/27/08, 4:16 pm


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