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Understanding Trends

How Army Assault Cases Ended in 2022

Few contested Army assault cases in 2022 ended in a full acquittal: 11 of 52 (21%), compared with 38% for all Army cases in 2022. Of the 132 cases charging Article 128 (assault) that year, 40% were contested, slightly higher than the 36% Army-wide.

Understanding Trends in Military Practice · 5 min read

Trends › By Offense › Article 128 › Army, 2022

Short answer: Few contested Army assault cases in 2022 ended in a full acquittal: 11 of 52 (21%), compared with 38% for all Army cases in 2022. Of the 132 cases charging Article 128 (assault) that year, 40% were contested, slightly higher than the 36% Army-wide.

Based on 132 cases · 2022 · Army records · data updated October 24, 2026

Few Full Acquittals

11 of the 52 contested cases that reached a verdict ended in a full acquittal, meaning not guilty of every charge. 35 cases ended in a partial acquittal, with at least 1 not-guilty finding and at least 1 conviction. Army results are listed charge by charge, which is why partial acquittals are common.

The full-acquittal rate was 21%, lower than the 38% for the Army as a whole in 2022.

Who Decided the Contested Cases?

In most cases, the accused chooses whether a military judge alone or a panel of members decides guilt. Members heard 29 of the 51 contested cases with the forum listed (57%). Members returned a full acquittal 28% of the time, and military judges 9%. The accused chooses the forum, so the cases each one heard are not alike.

In the full group, a military judge alone decided 100 of 131 cases with the forum listed (76%). Members heard 31: 29 enlisted panels and 2 officer panels.

Pleas and Agreements

131 cases list a plea. 52 were contested, meaning a not-guilty plea to at least one charge, and 79 were guilty pleas. The contested share was 40%, compared with 36% Army-wide.

65 of the 79 guilty pleas list a plea agreement, and 14 have no entry. The records say whether an agreement existed, not what it said.

How 2022 Compared With 2021

The number of cases went from 204 in 2021 to 132 in 2022. The contested share went from 43% to 40%. Full acquittals went from 27 of 88 to 11 of 52. The median confinement was 6 months in both years.

Punitive discharges for convicted enlisted members went from 65% to 73%. The share of convictions with any confinement went from 78% to 85%. In small groups a few cases can change a percentage, so these changes show direction, not precise size.

20212022
Cases204132
Contested (of pleas recorded)43%40%
Full acquittals (decided contested)27 of 8811 of 52
Convictions with confinement78%85%
Median confinement6 months6 months
Punitive discharge (enlisted)65%73%
General courts-martial81%83%

Length of Adjudged Confinement

85% of 121 convictions included confinement. The median confinement was 6 months, the same as the Army-wide median. A quarter of the sentences were 1.5 years or longer. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and they cover all charges.

34 of 121 convictions (28%) were sentenced to more than one year, about the same as the 27% across the Army. 13 convictions (11%) were sentenced to 5 years or more, compared with 7% service-wide. 18 convictions (15%) had no confinement.

Adjudged confinementConvictionsShare hereShare, all Army cases in 2022
No confinement1815%16%
Under 6 months5041%41%
6 months to 1 year1916%16%
More than 1 year, under 5 years2117%20%
5 years or more1311%7%

General and Special Courts-Martial

Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. 108 of the 130 cases with a court level listed (83%) were general courts-martial, compared with 75% for all Army cases. 22 were special courts-martial, and 2 list no level.

At general courts-martial, the median confinement was 10 months, and 41% of cases were contested. At special courts-martial, the median confinement was 3 months, and 32% were contested.

Punitive Discharges

84 of 115 convicted enlisted members received a bad-conduct or dishonorable discharge (73%): 60 bad-conduct and 24 dishonorable. The Army-wide share was 76%. 2 of 6 convicted officers or warrant officers were dismissed.

A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges, Rank, and Installations

Article 128 was the only charge in 34 cases. Article 120 (sexual assault) was also charged in 31, Article 128b (domestic violence) and Article 134 (general article) in 24 each, Article 92 (orders violation) in 21, and Article 115 (communicating threats) in 17. When assault is charged with domestic violence or sexual assault, the assault charge can describe part of the same incident.

By rank, the accused included 72 junior enlisted members, 53 NCOs, and 7 officers, a mix similar to the Army overall. Fort Hood had the most cases, 14. Fort Bliss had 13, Fort Bragg 12, Joint Base Lewis-McChord 9, and Fort Campbell 8. Together they account for 42% of the 132 cases. Larger installations try more cases of every kind.

What the Records Do Not Show

Trial records list charges, pleas, findings, and sentences for cases that reached a courtroom. The 2022 figures count trials held that year, not offenses committed that year. The records do not show offense dates, the evidence, the plea terms, or cases resolved outside a court-martial.

For what the offense covers and how it is defended, see Article 128 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

How We Counted

Army courts-martial with a trial date in 2022 that charged Article 128 (132 cases), compared with all Army cases that year and with 2021.

Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.

Compare: federal court. Aggravated Assault: Federal Sentences vs. Army Courts-Martial

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. This analysis is for education and information only. It is not legal advice, and every case is different.

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