How Army Domestic Violence Cases Ended in 2023
The Army tried 97 courts-martial charging Article 128b (domestic violence) in 2023. The median confinement was 8 months, higher than the 6 months for all Army cases in 2023. 10 of 36 contested cases that reached a verdict ended in a full acquittal (28%), compared with 39% Army-wide.
Understanding Trends in Military Practice · 6 min read
Trends › By Offense › Article 128b › Army, 2023
Short answer: The Army tried 97 courts-martial charging Article 128b (domestic violence) in 2023. The median confinement was 8 months, higher than the 6 months for all Army cases in 2023. 10 of 36 contested cases that reached a verdict ended in a full acquittal (28%), compared with 39% Army-wide.
More Cases Than in 2022
Domestic violence courts-martial went from 62 in 2022 to 97 in 2023. The median confinement was 8 months in both years. Punitive discharges for convicted enlisted members were 75% in both years. The contested share went from 34% to 37%. Full acquittals went from 4 of 21 to 10 of 36.
These are small groups, and a few cases can change a percentage, so the changes show direction, not precision.
| 2022 | 2023 | |
|---|---|---|
| Cases | 62 | 97 |
| Contested (of pleas recorded) | 34% | 37% |
| Full acquittals (decided contested) | 4 of 21 | 10 of 36 |
| Convictions with confinement | 86% | 83% |
| Median confinement | 8 months | 8 months |
| Punitive discharge (enlisted) | 75% | 75% |
| General courts-martial | 81% | 77% |
Median Confinement Higher Than the Army
83% of the 87 convictions included confinement. The median confinement was 8 months, compared with 6 months Army-wide. A quarter of the sentences were 1.5 years or longer. 1 sentence was life.
18 convictions (21%) were sentenced to 6 months to 1 year, compared with 16% Army-wide. 22 of 87 convictions (25%) were sentenced to more than one year, slightly lower than the 28% service-wide. 5 were sentenced to 5 years or more.
All figures are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. They cover every charge in the case.
| Adjudged confinement | Convictions | Share here | Share, all Army cases in 2023 |
|---|---|---|---|
| No confinement | 15 | 17% | 16% |
| Under 6 months | 32 | 37% | 39% |
| 6 months to 1 year | 18 | 21% | 16% |
| More than 1 year, under 5 years | 17 | 20% | 21% |
| 5 years or more | 5 | 6% | 8% |
Guilty Pleas and Contested Cases
61 of 97 cases were guilty pleas and 36 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share was 37%, higher than the 31% for the Army overall. 58 of the 61 guilty pleas are recorded with a plea agreement, and 3 have no entry. The records do not show the terms.
10 of 36 contested cases that reached a verdict ended in a full acquittal. 20 ended in a partial acquittal, with a not-guilty finding on at least one charge and a guilty finding on another. Army results are reported charge by charge, which is why partial acquittals are common.
Members and Military Judges
In most cases, the accused decides whether a military judge alone or a panel of members determines guilt. A military judge alone decided 72 cases, enlisted panels 21, and officer panels 4. Members heard 26% of cases, compared with 19% across the Army. Members heard 25 of the 36 contested cases (69%).
9 of 25 contested cases decided by members ended in a full acquittal (36%). 1 of 11 contested judge-alone cases ended in a full acquittal (9%). The accused chooses the forum, so these groups are not alike. The records cannot show the reason for the difference.
General and Special Courts-Martial
Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. A special court-martial caps confinement at one year. 74 of the 96 cases with a court level listed were general courts-martial (77%), 22 were special courts-martial, and 1 did not list the level.
At general courts-martial, the median confinement was 10 months, and 47% of cases were contested. At special courts-martial, the median was 3 months, and 5% were contested.
Punitive Discharges
63 of 84 convicted enlisted members received a bad-conduct or dishonorable discharge (75%), about the same as the 74% Army-wide. 13 were dishonorable discharges. 1 of 3 convicted officers or warrant officers was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
A punitive discharge is part of the sentence a court-martial adjudges: a bad-conduct or dishonorable discharge for enlisted members, or a dismissal for officers. An administrative separation is a separate process and does not appear in these trial records.
Rank, Other Charges, and Installations
The accused included 62 junior enlisted members, 30 NCOs, and 5 officers, That mix is more junior than all Army cases in 2023.
59 of 97 cases charged at least one other article. The most common were Article 128 (assault) in 15, Article 134 (general article) in 14, Article 90 (disobeying an officer) in 13, and Article 92 (orders violation) and Article 120 (sexual assault) in 12 each.
Fort Hood tried 15 of these cases, Fort Bliss 11, Joint Base Lewis-McChord and Fort Bragg 8 each, and Fort Sill 7. Together they account for 51% of the 97 cases. Larger installations try more cases of every type.
What the Records Do Not Show
Article 128b covers only conduct on or after January 1, 2019. Trial records show charges, pleas, findings, and sentences, but not offense dates, the evidence, plea terms, or cases handled outside a court-martial.
The records give trial years, not offense years. A 2023 trial may involve conduct from earlier years. Domestic violence resolved by nonjudicial punishment or administrative separation is not in this data.
For what the offense covers and how it is defended, see Article 128b 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 2023 that charged Article 128b (97 cases), compared with all Army cases that year and with 2022.
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.
Related Analysis
- Article 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends (hub)
- By Year (hub)
- Army Article 128b Cases in 2022 (previous / next)
- How Army Domestic Violence Cases Ended in 2024 (previous / next)
- Is Army Domestic Violence Prosecution Rising or Falling? Article 128b, 2021–2025 (the full trend)
- Domestic Violence at Army Courts-Martial, 2021: The Year in Numbers
- Domestic Violence at Army Courts-Martial, 2025: The Year in Numbers
- What Sentence Follows an Army Domestic Violence Conviction?
- Article 128b explained on the law firm's website
- Search every case in Military Trial Results (members)
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.