When A Military Judge Alone Decided a Contested Army Article 128b Case, 2021–2025
Only 2 of 35 contested Army Article 128b (domestic violence) cases decided by a military judge alone from 2021–2025 ended in a full acquittal (6%). The rate in all contested Army Article 128b cases was 31%.
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Short answer: Only 2 of 35 contested Army Article 128b (domestic violence) cases decided by a military judge alone from 2021–2025 ended in a full acquittal (6%). The rate in all contested Army Article 128b cases was 31%. 33 cases ended in a conviction, and the median confinement was 1 year, compared with 9 months in all contested Army Article 128b cases.
Nearly Every Case Ended in a Conviction
33 of the 35 cases ended in a conviction on at least one charge. 27 of the 35 contested cases that reached a verdict were partial acquittals (77%): not guilty of at least one charge or specification, guilty of another. Army results list findings charge by charge, which is why partial acquittals are common in Army records.
The 2 full acquittals (6%) are a lower rate than the 31% in all contested Army Article 128b cases. With 35 cases, a small change in counts would move that percentage a great deal.
Tried Without a Panel
All 35 cases were tried by a military judge alone, and all were contested: the accused pleaded not guilty to at least one charge, and no case involved a guilty plea. The accused usually chooses whether a military judge alone or a panel of members decides guilt.
Since the accused makes that choice, judge-alone cases differ from panel cases in ways the records do not show. The low acquittal rate describes these trials and is not a measure of what the forum causes.
Confinement and Its Length
25 of the 33 sentences included confinement (76%). The median confinement was 1 year, longer than the 9-month median in all contested Army Article 128b cases. A quarter of those sentences were 2.5 years or longer.
These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. A sentence covers every charge in the case.
How Often Sentences Passed One Year
12 of 33 convictions (36%) included more than one year of confinement, more often than the 31% in all contested Army Article 128b cases. Sentences of more than 1 year and under 5 years made up 27%, compared with 19%. Sentences of 5 years or more made up 9%, compared with 12%.
8 convictions carried no confinement (24%), compared with 26%. Sentences under 6 months made up 30%, compared with 32%.
| Adjudged confinement | Convictions | Share here | Share, all contested Army Article 128b cases |
|---|---|---|---|
| No confinement | 8 | 24% | 26% |
| Under 6 months | 10 | 30% | 32% |
| 6 months to 1 year | 3 | 9% | 11% |
| More than 1 year, under 5 years | 9 | 27% | 19% |
| 5 years or more | 3 | 9% | 12% |
Bad-Conduct and Dishonorable Discharges
19 of 28 convicted enlisted members received a punitive discharge. 13 were bad-conduct discharges and 6 were dishonorable discharges. In all contested Army Article 128b cases, the share with a punitive discharge was 61%.
5 convicted officers or warrant officers appear here, and 3 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
Other Charges Tried With Domestic Violence
7 of the 35 cases charged Article 128b by itself. Across all contested Army Article 128b cases, 33 of 122 did. Article 128 (assault) was the most common added charge, in 9 cases, followed by Article 120 (sexual assault) in 8. Article 92 (orders violation), Article 131b (obstruction), and Article 134 (the general article) each appeared in 6.
Rank and Court Level
19 of the accused were NCOs (E-5 to E-9), 10 were junior enlisted members (E-1 to E-4), and 6 were officers or warrant officers. That mix is more senior than all contested Army Article 128b cases, where 34% of the accused were junior enlisted.
General courts-martial heard 31 of the 35 cases (89%), and special courts-martial heard the rest. A general court-martial can impose long confinement and a dishonorable discharge. A special court-martial caps confinement at one year.
Years and Installations
The cases were tried from February 2021 through May 2025: 3 in 2021, 6 in 2022, 11 in 2023, 11 in 2024, and 4 in 2025. Fort Bragg and Fort Drum had 5 cases each, Fort Sill and Fort Hood 3 each, and Fort Irwin 2. Those five account for 51% of the 35. Larger installations try more cases of every kind.
Rule Changes and What Is Missing
Article 128b is a covered offense, and it exists only for offenses on or after January 1, 2019. Since December 28, 2023, special trial counsel, not commanders, decide whether covered offenses are prosecuted. 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 mix both sets of rules.
Domestic violence handled through nonjudicial punishment or administrative separation is not in these records. The records also do not describe the evidence.
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 trial dates in 2021–2025 that charged Article 128b, had a not-guilty or mixed plea and a result posted, and record a military judge alone as deciding guilt (35 cases), compared with all 122 such contested Army Article 128b 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, 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)
- Army Courts-Martial: Data and Trends (hub)
- Sentences (hub)
- When Members (A Panel) Decided a Contested Army Article 128b Case, 2021–2025
- Army Article 107 Trials Before Members (A Panel): Verdicts and Sentences
- Army Article 107 Trials Before a Military Judge Alone: Verdicts and Sentences
- Army Article 115 Trials Before a Military Judge Alone: Verdicts and Sentences
- Army Article 119b Trials Before Members (A Panel): Verdicts and Sentences
- Army Article 128 Trials Before a Military Judge Alone: Verdicts and Sentences
- Army Article 80 Trials Before Members (A Panel): Verdicts and Sentences
- 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.