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Military Defense Lawyer

Desertion | Article 85 UCMJ

R. Davis Younts

Military Lawyer

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What Is Article 85 Of The UCMJ?

Desertion under Article 85 of the UCMJ occurs when a service member leaves their unit, organization, or place of duty without permission and plans to stay away for good. Returning quickly after leaving doesn’t excuse it. The prosecution can use circumstantial evidence to show the intent to stay away permanently at any time during the absence.

Any service member can face prosecution if they:

  • Leave or stay away from their unit, organization, or duty station without permission, intending to stay away indefinitely.
  • Abandon their unit, organization, or duty station with the intention of avoiding dangerous assignments or evading important responsibilities.
  • Enlist or accept an appointment in one of the armed forces without disclosing that they have not been properly discharged, or if they join a foreign armed service without authorization from the United States.

What is the Article 85 Maximum Punishment?

During war, this violation may be punished even with death. In times of peace, maximum punishment is dishonorable discharge, confinement for 3 years, and forfeiture of all allowances and pay in event of termination by apprehension. Otherwise, the maximum punishment is dishonorable discharge, forfeiture of all allowances and pay, and up to 5 years confinement.

Dealing with an Article 85 Charge

If someone is facing charges under Article 85 as a principal of a crime, it’s crucial to seek immediate legal representation. Attorney R. Davis Younts has been a prosecutor, a JAG (Judge Advocate General), He’s been practicing law for two decades. Call attorney Younts Law at (833) 739-5291 or (717) 612-4840. Free consultation.

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    R. Davis Younts, Esq.
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    allan alemanallan aleman
    20:13 17 Jun 23
    Davis was a true professional. He listened intently to my situation and helped me see the best way to work my case. He was more than fair when quoting me a price. He worked quickly and effectively and accommodated all the unforeseen technical challenges. I know that my case was brought to a favorable decision, in my favor, because of Davis' excellent service. He wasn't afraid to use all the tools at our disposal and I have now been completely vindicated.
    Brianna FBrianna F
    19:09 15 Jun 23
    I hired an attorney when I first got out of the Marine Corps to try and overturn my General discharge to honorable and lost. I decided to give it a second chance but this time with R. Davis Younts and ended up winning and getting an honorable discharge. Him and his team changed my life and I will forever be grateful. This has been a battle for me for almost a decade and he was the only one to help. They were thorough, quick, accommodating, polite and made me feel very comfortable. I will forever recommend him to everyone and anyone!!
    Jared PomeroyJared Pomeroy
    22:17 09 Mar 23
    Attorney Younts represented me in a military case. I could not have chosen a better lawyer. He was always available, responded quickly every time I contacted him, and provided the best service and experience I’ve ever had with any lawyer!Beyond those things, which are amazing on their own merit, Attorney Younts proved to be an incredibly adept and competent practitioner in military law. The only word adequate to my experience of him as an attorney is BRILLIANT! The man is a savant!I have already shared the contact information for his firm with several friends and colleagues. Please believe me when I say he does not charge enough for his services! When you hire Attorney Younts, every penny you spend for his representation will return its weight in gold.His kindness, honesty, courage, empathy, professionalism… embody the best the legal community can offer. I cannot say enough good about Davis. After working with him, I am fully confident you will feel the same.
    Laday CooperLaday Cooper
    22:48 28 Jan 23
    Mr.Davis has been my lawyer for several months now, and to say the least, he is one of the few lawyers who actually cares for the person he is representing. Not only did he help me in a time of need but he helped a kid like me regain my freedom in a state that doesn’t care too much for kids of my color. Throughout the court process Mr.Davis guided me through by answering any questions I had, It didn’t matter if the question sounded “dumb” or if it was a common sense type of deal, he answered all my questions with the utmost respect and integrity. Going into the courtroom we both knew what we were up against (because of him) . He made sure I knew any papers he put in front of me he explained it thoroughly and well, and if he felt like it was too much information he had to give me at one time he spoon fed me the information little by little while still talking in consideration I am human and that this was my first offense. Like any other “good lawyer” (quotations on good lawyer because these are traits all lawyer’s should have but don’t) Mr.Davis didn’t promis anything but instead he mapped out the 2 different avenues my case could go, while still being upfront with what the options intel's. Never once did he try to hide anything, the very moment we stepped foot into his office up until now Mr.Davis has been transparent with everything. I wont go into detail with what he's done outside of the court for me but all in all Mr.Davis has made my life go from a living hell to a normal day at work, but that just comes with how I, myself decided to live. So if your trying to find a lawyer who is not just about the money but ACTUALLY CARES FOR YOUR WELLBEING MOVING FORWARD, Mr.Davis Is your guy !
    Christine WalterChristine Walter
    21:57 01 Feb 20
    I always wondered how an attorney could represent a "criminal." After working with this attorney, I completely understand. He is so intelligent and caring. He achieves the best results for his clients as possible. I have been so impressed and amazed by the depth of knowledge. He embraces federal, state and military clients and does not judge, but challenges and achieves results that are fair. I had the gracious opportunity to work alongside him in the final stages of Corey Walker's release from prison. Corey came and had a sit down with us in the days following his release along with his sister. I will never forget the conversations that day.
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    Christian, husband, homeschool dad, and former military officer providing strategic legal guidance and expert criminal defense to military, federal law enforcement, and other patriots.

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