UCMJ ARTICLE 85 - What Is Article 85 Of The UCMJ?

Article 85 of the Uniform Code of Military Justice (UCMJ) deals with the offense of desertion. Desertion is defined as the unauthorized absence of a member of the military with the intent to remain away permanently or to avoid hazardous duty or important service. It is a serious offense that can result in severe consequences for the accused.


Under Article 85, a person who is found guilty of desertion may face a dishonorable discharge, forfeiture of all pay and allowances, confinement for up to five years, or even death if their desertion results in the death of another person. The penalties for desertion can be severe, and it is crucial to have an experienced military defense attorney to represent you if you are accused of this offense.


There are several elements that must be proven beyond a reasonable doubt for a person to be convicted of desertion under Article 85 ucmj. These include:




Unauthorized absence: The accused must have been absent from their unit or duty station without proper authorization.


Intent to remain away permanently: The prosecution must prove that the accused had the intent to remain away permanently. This can be challenging to prove, as there may be other reasons for the accused's absence.


Intent to avoid hazardous duty or important service: The prosecution must also prove that the accused had the intent to avoid hazardous duty or important service. Again, this can be challenging to prove, as there may be other reasons for the accused's absence.


Knowledge of the consequences: The accused must have had knowledge of the potential consequences of their absence, such as a dishonorable discharge or confinement.


It is essential to note that the burden of proof is on the prosecution, and the accused is presumed innocent until proven guilty. A skilled military defense attorney can challenge the evidence presented by the prosecution and build a strong defense to protect the accused's rights and interests.


In conclusion, Article 85 of the UCMJ is a serious offense that carries severe consequences for the accused. If you or someone you know is facing charges of desertion under Article 85, it is crucial to consult with an experienced military defense attorney as soon as possible. A qualified attorney can provide legal guidance, protect your rights, and fight to achieve the best possible outcome in your case.

Location: United States

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