Army Article 128 Cases by the Numbers, 2021–2025

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Based on 643 cases · 2021–2025 · Army records · data updated October 24, 2026

27% of Army Courts-Martial

Assault cases made up 27% of the 2,422 Army courts-martial tried from January 2021 through December 2025. With 643 cases, a few cases change the percentages below less than they would in a small group.

The yearly count was lower each year: 204 cases in 2021, 132 in 2022, 119 in 2023, 108 in 2024, and 80 in 2025.

A Smaller Share of Convictions

Counts can go down when fewer cases are tried overall, so the share of convictions allows a better comparison across years. Article 128 was part of 33% of Army convictions with offenses listed in 2021, 25% in 2022, 23% in 2023, 21% in 2024, and 17% in 2025. In 2021–2022 it was 29%, and in 2024–2025 it was 19%, a smaller share. The highest yearly number of convictions including the article was 156, in 2021.

The lower share overlaps the December 2023 changes described below, but it started before them. The records cannot show the reason for it.

Conviction Counts by Year

The chart shows Army convictions that included Article 128: 156 in 2021, 105 in 2022, 92 in 2023, 91 in 2024, and 66 in 2025.

Contested Cases and How They Ended

A case is contested when the accused pleads not guilty to at least 1 charge. 641 records list a plea: 397 guilty pleas and 244 contested cases. 371 of the guilty pleas are recorded with a plea agreement, and 26 have no entry. Army records say whether an agreement existed, not its terms.

74 of 244 contested cases with a verdict ended in a full acquittal (30%). 136 ended in a partial acquittal (56%), meaning not guilty of at least 1 charge or specification but guilty of another. Army results list findings charge by charge, which is why partial acquittals are common.

Members Heard Most Contested Cases

The accused usually chooses whether a military judge alone or a panel of members decides guilt. Overall, 24% of cases with a forum listed went to members: 134 enlisted panels and 16 officer panels. The other 482 were judge alone. Among the 233 decided contested cases with a forum listed, members heard 146 (63%).

In those contested cases, members returned a full acquittal 36% of the time and military judges 13%. The accused chooses the forum, so the cases that go to each are not alike. The difference does not show how either would decide the same case.

What Sentences Followed?

474 of 569 convictions included confinement. The median confinement was 5 months, slightly lower than the 6 months for all Army cases. A quarter of the sentences were 1.5 years or longer.

Sentence lengths were close to those for the Army as a whole. 148 of 569 convictions (26%) were sentenced to more than one year, compared with 28%. Of those, 99 (17%) were more than 1 year but under 5 years, compared with 20%, and 49 (9%) were 5 years or more, compared with 8%. 43% were sentenced to under 6 months, compared with 39%. 17% of convictions had no confinement in both groups. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

Other Charges in the Same Cases

168 of the 643 cases charged Article 128 by itself. The most common other charge was Article 120 (sexual assault), in 174 cases. Article 134 (general article) was charged in 125, Article 92 (orders violation) in 86, Article 128b (domestic violence) in 75, and Article 90 (disobeying an officer) in 59.

When assault is charged with sexual assault or domestic violence, the assault charge can describe part of the same incident. The sentence covers everything charged. Article 128 is not itself a covered offense, but a special trial counsel who takes a covered offense can also take a related assault.

Discharges, Ranks, and Court Levels

370 of 528 convicted enlisted members received a bad-conduct or dishonorable discharge (70%), about the same as the 73% in the rest of the Army. 92 of those were dishonorable discharges. 17 of 41 convicted officers or warrant officers were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

The accused were 361 junior enlisted members (E-1 to E-4), 237 NCOs (E-5 to E-9), and 44 officers or warrant officers, That mix is similar to the rest of the Army. 505 cases were general courts-martial (80%, compared with 73% Army-wide). Their median confinement was 9 months, and 43% were contested. 126 were special courts-martial, with a median of 3 months and 21% contested. The court level is not listed for 12 cases.

Installations, Rules, and Limits

Fort Campbell tried 57 of these cases, Fort Bragg 53, Fort Hood 50, Fort Bliss 48, and Joint Base Lewis-McChord 46. Together they account for 40% of the 643 cases. Larger installations try more cases of every kind, so a high count alone does not mean a base has a problem with this offense.

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records give trial dates, not offense dates, so trials from 2024 on include cases under both sets of rules. Army records in this data are sparse before 2021. The records do not show the evidence, the plea terms, or conduct handled 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.

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.