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What Sentence Follows an Army Domestic Violence Conviction?

The median confinement for Army domestic violence convictions under Article 128b from 2021–2025 was 6 months, the same as for all Army convictions. Of the 355 cases, 19% were contested, compared with 21% Army-wide.

Understanding Trends in Military Practice · 5 min read

Trends › By Offense › Article 128b › What Sentence Follows a Army domestic vi

Short answer: The median confinement for Army domestic violence convictions under Article 128b from 2021–2025 was 6 months, the same as for all Army convictions. Of the 355 cases, 19% were contested, compared with 21% Army-wide. A punitive discharge followed 75% of enlisted convictions, compared with 73% across Army convictions.

Based on 355 cases · 2021–2025 · Army records · data updated October 24, 2026

Convictions by Year

The number of Article 128b convictions in the Army was higher each year. The records show 29 cases in 2021, 55 in 2022, 81 in 2023, 93 in 2024, and 97 in 2025, for 355 in all.

Trial records cannot explain the increase. Army records in this data are sparse before 2021. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses, and domestic violence is one of them. The records give trial dates rather than offense dates. They cannot show which cases fell under that system or whether it affected the count.

How Much Confinement?

Of the 355 convictions, 303 included confinement. The other 52 (15%) had no confinement, compared with 17% across Army convictions. The median confinement was 6 months. A quarter of the sentences were 1 year or longer.

Sentences under 6 months were 44% of convictions, compared with 39% Army-wide. Sentences from 6 months to 1 year were 20%, compared with 16%.

Sentences longer than one year were less common here: 77 of 355 (22%), compared with 28% Army-wide. Of those, 64 were more than 1 year and under 5 years. The other 13 were 5 years or more (4%, compared with 8%).

These are adjudged sentences. They were set at trial, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Adjudged confinementConvictionsShare hereShare, all Army convictions in those years
No confinement5215%17%
Under 6 months15544%39%
6 months to 1 year7120%16%
More than 1 year, under 5 years6418%20%
5 years or more134%8%

Other Charges in the Same Cases

Article 128b was the only charge in 170 of the 355 cases. In the cases with other charges, the most common was Article 128 (assault), in 60 cases. Next were Article 90 (disobeying an officer) and Article 92 (orders violation), in 40 cases each. Article 134 (general article) was charged in 37 cases and Article 115 (communicating threats) in 31.

When several articles were charged, the adjudged sentence covers all of them together. The records do not divide a sentence among the charges. An assault charge in the same case may concern the same incident as the domestic violence charge.

Guilty Pleas and Contested Cases

There were 286 guilty pleas and 69 contested cases. A case is contested when the accused pleads not guilty to at least one charge, either as a not-guilty plea or a mixed plea.

Of the 286 guilty pleas, 270 are recorded with a plea agreement and 16 have no entry. Army records show whether there was an agreement. They do not show its terms.

Every case in this group ended in a conviction on at least one charge. A contested case here may still include a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another.

General and Special Courts-Martial

The court level is listed for all but 4 cases: 247 general courts-martial and 104 special courts-martial. The general court-martial share was 70%, the same as the 70% across Army convictions.

A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial can impose no more than one year of confinement.

The median confinement at general courts-martial was 8 months, and 26% of those cases were contested. The median confinement at special courts-martial was 3 months, and 6% of those cases were contested.

Who Decided Guilt?

A military judge alone decided 314 cases. Members decided 12% of the cases with the forum listed: 33 by enlisted panels and 8 by officer panels. In contested cases, members decided 40 of 69 (58%).

The accused usually chooses the forum. Most judge-alone cases are guilty pleas.

Punitive Discharges

A punitive discharge followed 75% of enlisted convictions: 209 bad-conduct discharges and 37 dishonorable discharges. Across Army convictions the share was 73%.

Of 25 convicted officers or warrant officers, 10 were sentenced to dismissal. A sentence without a punitive discharge does not rule out a later administrative separation.

Rank and Installations

By rank, the accused were 208 junior enlisted members, 122 NCOs, and 25 officers. That mix is similar to Army convictions overall.

Fort Bragg had the most cases, with 42. Next were Fort Hood (36), Joint Base Lewis-McChord (34), Fort Bliss (27), and Fort Stewart (17). Together these 5 installations account for 44% of the 355 cases. Larger installations try more cases of every kind.

What the Records Do Not Show

These records cover only cases that went to a court-martial. Cases resolved by nonjudicial punishment, administrative separation, or no action are not included. The records do not describe the evidence or plea terms.

When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records do not give offense dates, so they cannot show which trials those were.

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 tried 2021–2025: ending in a conviction under Article 128b (domestic violence) (355 cases), compared with all Army convictions in those years.

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.

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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