Ask the Lawyer: Jurisdiction may affect desertion case - Military Times

A member who deserts in violation of Article 85 of the Uniform Code of Military Justice could face up to three years of confinement if the desertion ends by apprehension, compared to up to two years if the desertion ends some other way, according... The same is true for violations of the lesser-included offense of absence without leave, a violation of Article 86. Troops whose period of unauthorized absence ends by apprehension face up to 18 months of confinement, as opposed to one year if the... For deserters picked up by civilian police, it’s not always easy to say whether they were “apprehended” in a manner suitable to qualify as an aggravating factor under Article 85. “Apprehension contemplates termination of the accused’s absence in... Mere proof of apprehension by civilian authorities is insufficient to establish that a return to military control is involuntary,” the U. S. Army Court of Criminal Appeals ruled in 2013 in U. S. v. Robert L. Davis Jr. There’s little question that... For a desertion to be deemed terminated by apprehension, “it must be shown that the accused was apprehended by civil authorities for the military rather than for a violation of state law, or that the accused was returned to the military by the... Source: