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# Army Article 128 Trials Before a Military Judge Alone: Verdicts and Sentences
- URL: https://www.bodiesburied.com/trends/army-article-128-contested-judge-alone-2021-2025/
- Published: 2026-10-30T05:27:10.000Z
- Updated: 2026-11-03T01:46:09.000Z
- Description: Of 87 contested Army Article 128 (assault) cases decided by a military judge alone from 2021–2025, 11 ended in a full acquittal (13%). In all contested Army Article 128 cases, the full-acquittal rate was 30%.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128, Army

[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/) › Decided by judge-alone

**Short answer:** Of 87 contested Army Article 128 (assault) cases decided by a military judge alone from 2021–2025, 11 ended in a full acquittal (13%). In all contested Army Article 128 cases, the full-acquittal rate was 30%. The median confinement after a conviction was 1.2 years, compared with 1.5 years in all contested Army Article 128 cases.

Based on 87 cases · 2021–2025 · Army records · data updated October 24, 2026

## Partial Acquittals Were the Most Common Result

57 of the 87 contested cases that reached a verdict ended in a partial acquittal (66%). A partial acquittal means the accused was found not guilty of at least one charge or specification but guilty of another. Army results list findings charge by charge, which is why this result is common in Army records.

Full acquittals were less common. 11 cases (13%) ended with the accused acquitted of all charges, lower than the 30% rate in all contested Army Article 128 cases. A case is contested when the accused pleads not guilty to at least one charge, and all 87 cases here were contested.

## Assault Was Rarely Charged Alone

78 of the 87 cases charged at least one other article. Article 120 (sexual assault) was the most common, in 38 cases. Article 134 (the general article) appeared in 26, Article 92 (orders violation) in 16, Article 115 (communicating threats) in 12, and Article 107 (false official statement) in 9.

When an assault charge appears with a sexual assault or domestic violence charge, the assault count can describe part of the same incident. The sentence covers every charge in the case, so the figures below describe the whole case.

## Confinement and the Median

76 cases ended in a conviction on at least one charge. Confinement was part of 76% of those sentences. The median confinement was 1.2 years, compared with 1.5 years in all contested Army Article 128 cases. A quarter of those sentences were 3.4 years or longer.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

## Sentence Bands Compared

32 of 76 convictions (42%) included more than one year of confinement, the same share as in all contested Army Article 128 cases. Sentences of more than 1 year and under 5 years made up 28%, compared with 23%. Sentences of 5 years or more made up 14%, compared with 19%.

The lower bands were close to the comparison group. 18 convictions carried no confinement (24%, compared with 23%), and sentences under 6 months made up 28%, compared with 27%.

| Adjudged confinement            | Convictions | Share here | Share, all contested Army Article 128 cases |
| ------------------------------- | ----------- | ---------- | ------------------------------------------- |
| No confinement                  | 18          | 24%        | 23%                                         |
| Under 6 months                  | 21          | 28%        | 27%                                         |
| 6 months to 1 year              | 5           | 7%         | 8%                                          |
| More than 1 year, under 5 years | 21          | 28%        | 23%                                         |
| 5 years or more                 | 11          | 14%        | 19%                                         |

## General and Special Courts-Martial

73 of the 85 cases with a court level listed were general courts-martial (86%), the level that can impose long confinement and a dishonorable discharge. 12 were special courts-martial, and the court level is not listed for 2 cases.

The median confinement was 1.6 years at general courts-martial and 3 months at special courts-martial. A special court-martial caps confinement at one year. Only a general court-martial can adjudge more than one year.

## Punitive Discharges

45 of 69 convicted enlisted members received a punitive discharge: 27 dishonorable discharges and 18 bad-conduct discharges. In all contested Army Article 128 cases, the share was 60%.

7 convicted officers or warrant officers appear here, and 1 was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

## Who Was Tried, and Why the Forum Matters

By rank, the accused were 41 NCOs, 37 junior enlisted members, and 9 officers. The group is similar to all contested Army Article 128 cases.

The accused usually chooses whether a military judge alone or a panel of members decides guilt. Cases tried each way are therefore not alike. The lower full-acquittal rate here describes judge-alone trials and does not show that the forum caused it.

## Trial Years and Installations

The cases were tried between January 2021 and October 2025: 29 in 2021, 22 in 2022, 15 in 2023, 16 in 2024, and 5 in 2025\. Fort Hood had 16, Fort Bragg 9, Fort Bliss 8, and Fort Carson and Fort Campbell 7 each. Together those five account for 54% of the 87 cases. Larger installations try more cases of every kind, so a count alone is not a measure of assault at any base.

## Rule Changes and Data Limits

Article 128 assault is not itself a covered offense. Since December 28, 2023, special trial counsel decide whether covered offenses are prosecuted, and a special trial counsel who takes a covered offense can also take related offenses, such as an assault tied to a domestic violence allegation. For offenses after December 27, 2023, new sentencing parameters apply when every guilty finding is for such an offense.

The records give trial dates, not offense dates, so trials from 2024 on mix both sets of rules. They do not describe the evidence or show cases handled by nonjudicial punishment or administrative separation.

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

Army courts-martial with trial dates in 2021–2025 that charged Article 128, had a not-guilty or mixed plea and a result posted, and record a military judge alone as deciding guilt (87 cases), compared with all 244 such contested Army Article 128 cases. The accused usually chooses the forum, so the two groups are not alike.

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)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Sentences](https://www.bodiesburied.com/trends/sentences/) (hub)
- [When Members (A Panel) Decided a Contested Army Article 128 Case, 2021–2025](https://www.bodiesburied.com/trends/army-article-128-contested-members-2021-2025/)
- [Army Article 107 Trials Before Members (A Panel): Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-107-contested-members-2021-2025/)
- [Army Article 107 Trials Before a Military Judge Alone: Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-107-contested-judge-alone-2021-2025/)
- [Army Article 115 Trials Before a Military Judge Alone: Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-115-contested-judge-alone-2021-2025/)
- [Army Article 119b Trials Before Members (A Panel): Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-119b-contested-members-2021-2025/)
- [Army Article 80 Trials Before Members (A Panel): Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-80-contested-members-2021-2025/)
- [Army Article 80 Trials Before a Military Judge Alone: Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-80-contested-judge-alone-2021-2025/)
- [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)

**Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-army/)

**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.