How Often Are Contested Army Article 80 Cases Acquitted?

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Based on 62 cases · 2021–2025 · Army records · data updated October 24, 2026

Contested Attempt Cases

This post covers Army courts-martial in which the accused was charged under Article 80 and contested at least one charge. Article 80 makes it a crime to attempt another offense. Each attempt charge therefore concerns some other offense that was not completed.

A case is contested when the accused pleads not guilty, or pleads guilty to some charges and not guilty to others. Every case here therefore included a trial on at least part of the charges.

The records hold 62 such cases, tried from February 2021 to July 2025. There were 18 in 2021, 11 in 2022, 14 in 2023, 11 in 2024, and 8 in 2025. The services were required to begin publishing trial records under Article 140a by December 2020, and Army records in this data are sparse before 2021. With yearly totals this small, the percentages below can change with a few cases.

More Partial Acquittals Than Full Acquittals

Of the 62 contested cases that reached a verdict, 16 ended in a full acquittal. The full acquittal rate of 26% is lower than the 38% across all contested Army cases in the same years.

Another 35 cases ended in a partial acquittal, with a not-guilty finding on at least one charge or specification and a guilty finding on another. Army results list findings charge by charge, so partial acquittals are common in Army records.

Other Charges in the Same Cases

Article 80 was the only charge in 8 of the 62 cases. Article 120 (sexual assault) was charged in 25 cases, Article 128 (assault) in 23, Article 134 (the general article) in 15, Article 92 (orders violation) in 7, and Article 120c (indecent recording and exposure) in 6.

This affects how to read the results. A full acquittal requires a not-guilty finding on every charge. A sentence covers every charge on which the accused was convicted, not only the attempt.

Almost All General Courts-Martial

General courts-martial were 98% of these cases (61 of 62). A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial can impose no more than one year of confinement and cannot impose a dishonorable discharge.

Longer Confinement After Conviction

Of 46 convictions, 38 included confinement (83%). The median confinement was 2.3 years, compared with 1.5 years in all contested Army cases. A quarter of the sentences were 4 years or longer, and 1 was a life sentence.

Sentences longer than one year were 29 of 46 convictions (63%), compared with 44%. Sentences of more than 1 year and under 5 years were 46% of convictions here, compared with 28%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

Discharges and Dismissals

A punitive discharge followed 84% of enlisted convictions: 21 dishonorable discharges and 10 bad-conduct discharges. Across all contested Army cases, the share was 64%.

Of 9 convicted officers or warrant officers, 7 were sentenced to dismissal. A sentence without a punitive discharge does not rule out a later administrative separation.

Members and Military Judges

Members decided 53% of the cases with a forum listed: 23 by enlisted panels and 8 by officer panels. A military judge alone decided the other 27. The accused usually chooses which one decides guilt.

In the 58 contested cases that reached a verdict and have the forum listed, members acquitted in full 26% of the time and military judges 15% of the time. The accused chooses the forum, so the cases decided by each are different. The records cannot show whether the forum changed any result.

Rank and Installations

NCOs were 50% of the accused, junior enlisted members (E-1 to E-4) were 35%, and officers were 15%. Across all contested Army cases, junior enlisted members were 44%.

Wheeler Army Airfield had the most cases, with 10. Next were Fort Hood (7), Fort Carson (6), Fort Bragg (6), and Fort Bliss (4). Together they account for 53% of the 62. Larger installations try more cases of every kind, so a high count does not show a problem at any one base.

Rule Changes and What the Records Do Not Show

Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault. That rule and the new sentencing parameters depend on offense dates, which the records do not give. The records also do not include the evidence, the plea terms, or cases handled outside a court-martial.

For what the offense covers and how it is defended, see Article 80 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

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.