Military desertion charges have potentially life-altering consequences. Your career, freedom, reputation, and future opportunities are at risk. However, mental health may have played a significant role in the cases of service members who leave their posts.
If you were struggling with anxiety, depression, PTSD, or other mental health disorders, desertion might not be an act of defiance. It’s often a sign of untreated struggles and can play a key role in your defense.
Understanding how mental health factors into desertion cases helps both those accused and those working toward a fair and just outcome.
What Is Desertion?
Under 10 U.S. Code § 885 Article 85, desertion occurs when a service member leaves their unit or assigned post with no intention of returning. This is different from Unauthorized Absence (UA) or Absent Without Leave (AWOL), which are also serious offenses but don’t always carry the same level of intent.
Desertion charges can result in a dishonorable discharge and wage forfeiture. You may also be sentenced to confinement and will have a federal conviction on your record. In wartime, it can carry the death penalty—fortunately, that’s extremely rare today.
Mental Health in the Military
Although the military has made strides in supporting mental health, there’s still a significant stigma surrounding mental health conditions. Service members often fear that seeking help will harm their careers or reputations. Unfortunately, untreated mental health conditions can escalate and affect decision-making, impulse control, and emotional regulation. These can all affect the decision to walk away from your duty station.
Desertion cases often involve service members who were struggling in silence for various reasons. Combat trauma, personal loss, isolation, and the unique pressures of military life can create overwhelming circumstances. In some cases, leaving may feel like the only option.
If you’re facing desertion charges and struggling with mental health issues, your psychological state can play a role in your legal defense. For example:
- Mitigating factor: Your mental health history could be presented as a mitigating factor during court proceedings. It might not fully absolve you of your charges, but it can influence how the court views your intent and culpability. It may also factor into determining the appropriate punishment.
- Lack of criminal intent: The prosecution must prove that you intended to permanently abandon your post. If mental illness impaired your judgment or ability to form that intent, you may have lacked the mental state for a desertion conviction.
- Medical and psychological evidence: Documentation from military and civilian mental health professionals can aid your defense. Diagnoses, treatment records, and expert testimony can help the court understand the context behind your actions.
- Diversion and rehabilitation options: In some cases, military courts may consider alternative sentences for service members who are actively receiving treatment. For example, you might receive reduced charges, lighter sentencing, or mandatory participation in counseling or treatment programs.
How a Military Attorney Can Help
If your mental health was a factor in your desertion of the military, you are not alone, and you have options. An experienced military defense attorney can help present your side of the story so that the court understands the full picture.
Your attorney can:
- Determine whether you were denied treatment or reasonable accommodation
- Work with medical experts to build a strong defense
- Investigate whether your command was aware of your mental health issues
- Advocate for rehabilitative rather than punitive outcomes when appropriate
Desertion charges can be frightening, especially if you’re struggling with your mental health. However, working with experienced military legal counsel isn’t about avoiding responsibility—it’s about protecting your rights and future.
Whether your case goes to court-martial or is resolved through other means, your mental health matters in your defense.
Talk to a Military Lawyer Today
If you’re a service member facing desertion charges, Court Martial Law Division – A Division of Aviso Law LLC is here to help. We have extensive experience in defending service members and know how to navigate the intersection between military law and mental health. Contact us today for a confidential consultation.
