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# How Air Force Assault Cases Ended in 2023
- URL: https://www.bodiesburied.com/trends/air-force-article-128-2023/
- Published: 2026-10-30T08:11:15.000Z
- Updated: 2026-11-03T01:45:16.000Z
- Description: The Air Force records hold 18 courts-martial from 2023 that charged Article 128 (assault), compared with 49 in 2022. The median confinement was 9 months, compared with 5 months for all Air Force cases in 2023. 56% of the cases were contested, close to the 53% Air Force-wide.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128, Air Force

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 128](https://www.bodiesburied.com/trends/article-128-courts-martial/) › Air Force, 2023

**Short answer:** The Air Force records hold 18 courts-martial from 2023 that charged Article 128 (assault), compared with 49 in 2022\. The median confinement was 9 months, compared with 5 months for all Air Force cases in 2023\. 56% of the cases were contested, close to the 53% Air Force-wide.

Based on 18 cases · 2023 · Air Force records · data updated October 24, 2026

## Fewer Cases Than in 2022

The records show 49 Article 128 cases in 2022 and 18 in 2023\. The contested share was 39% in 2022 and 56% in 2023\. The median confinement was 6 months and then 9 months. Convictions with confinement were 96% and 83%.

Punitive discharges for convicted enlisted members were 66% in 2022 and 56% in 2023\. General courts-martial were 73% and 56%. With 18 cases, each case has a large effect on these percentages.

|                               | 2022     | 2023     |
| ----------------------------- | -------- | -------- |
| Cases                         | 49       | 18       |
| Contested (of pleas recorded) | 39%      | 56%      |
| Convictions with confinement  | 96%      | 83%      |
| Median confinement            | 6 months | 9 months |
| Punitive discharge (enlisted) | 66%      | 56%      |
| General courts-martial        | 73%      | 56%      |

## Pleas and Partial Acquittals

10 accused contested at least one charge with a not-guilty or mixed plea, and 8 pleaded guilty. The contested share was 56%, compared with 53% across all Air Force cases in 2023.

6 of the 10 contested cases (60%) ended in a partial acquittal. In those cases, the accused was found not guilty of at least one charge or specification and guilty of another.

## Confinement

Confinement was part of 83% of the 18 sentences. Half of the terms were 9 months or less, and a quarter were 1.5 years or longer. Across all Air Force cases in 2023, the median was 5 months.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

## Assault Charged With Other Offenses

11 of the 18 cases charged at least one other article. Article 120 (sexual assault) was added in 5 and Article 115 (communicating threats) in 4\. Article 128b (domestic violence) was added in 3, and Article 134 (general article) and Article 92 (orders violation) in 2 each.

When assault is charged with sexual assault or domestic violence, the assault charge can describe part of the same incident. The sentence in such a case covers all of the charges together.

## Discharges

10 of 18 convicted enlisted members received a punitive discharge: 7 bad-conduct and 3 dishonorable. Across all Air Force cases in 2023, the rate was 58%. A sentence without a punitive discharge does not rule out a later administrative separation.

## Who Decided Guilt?

A military judge alone decided 13 of the 18 cases (72%). Members decided 5, all with enlisted panels. Among the contested cases, members heard 5 of 10 (50%). The accused usually chooses between a military judge alone and members.

## Rank and Court Level

Junior enlisted members (E-1 to E-4) were 78% of the accused and NCOs were 22%. There were 0 officers. Across all Air Force cases in 2023, junior enlisted members were 62%, so this group was more junior.

10 of the 18 cases were general courts-martial (56%), compared with 59% across the Air Force. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

## What the Records Leave Out

Air Force records rarely list the charges in a full acquittal, so no acquittal rate is given, and they never report plea agreements. The records give no offense dates, do not describe the evidence, and do not include cases handled outside a court-martial.

For what the offense covers and how it is defended, see [Article 128 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Air Force courts-martial with a trial date in 2023 that charged Article 128 (18 cases), compared with all Air Force cases that year and with 2022.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub)
- [By Year](https://www.bodiesburied.com/trends/by-year/) (hub)
- [How Air Force Assault Cases Ended in 2022](https://www.bodiesburied.com/trends/air-force-article-128-2022/) (previous / next)
- [Assault at Air Force Courts-Martial, 2024: The Year in Numbers](https://www.bodiesburied.com/trends/air-force-article-128-2024/) (previous / next)
- [Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-128-trend-2016-2025/) (the full trend)
- [Air Force Article 128 Cases in 2018](https://www.bodiesburied.com/trends/air-force-article-128-2018/)
- [Air Force Article 128 Cases in 2020](https://www.bodiesburied.com/trends/air-force-article-128-2020/)
- [Air Force Article 128 Cases in 2021](https://www.bodiesburied.com/trends/air-force-article-128-2021/)
- [Air Force Article 128 Cases in 2025](https://www.bodiesburied.com/trends/air-force-article-128-2025/)
- [Article 128 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

← Previous: [How Air Force Assault Cases Ended in 2022](https://www.bodiesburied.com/trends/air-force-article-128-2022/)Next: [Assault at Air Force Courts-Martial, 2024: The Year in Numbers](https://www.bodiesburied.com/trends/air-force-article-128-2024/) →

**Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-air-force/)

**About the author.** Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts *Where All The Bodies Are Buried* and runs the [Law Office of Jocelyn C. Stewart](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.