At Legal Sandbox Georgia, we provide specialized defense for military personnel and conscripts facing the unique and severe justice of the military court system. Charges like Desertion (Article 396) carry heavy prison sentences and the stigma of a dishonorable discharge. Our primary strategy in desertion cases is to challenge the "intent to permanently remain away." We work to reclassify the charge to "Unauthorized Absence" (AWOL), which carries significantly lighter penalties. Furthermore, if the absence was triggered by hazing, bullying, or threats to life within the unit, we invoke the defense of "Extreme Necessity," arguing that the soldier fled to save their life, not to evade service.
Insubordination (Article 393) and disobedience of orders strike at the heart of military discipline. However, a soldier is only obligated to obey lawful orders. Our defense scrutinizes the order given: Was it legal? Was it clearly communicated? Was the soldier physically or mentally capable of executing it? We often defend clients by proving that the failure to obey was due to objective circumstances (e.g., equipment failure, health crisis) rather than willful defiance.
For Military Service Evasion (Article 404), typically involving conscripts avoiding the draft, we focus on administrative and medical defense. We challenge the validity of the draft notice and the procedures of the medical commission. We work with independent medical experts to prove that the client has a health condition that legally disqualifies them from service, thereby nullifying the criminal charge. We also handle cases involving alternative labor service and conscientious objection.
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