When Article 112a and Article 120 Are Charged Together, How Do Cases End?

Trends › By Offense › Article 112a › With Article 120

Based on 35 cases · 2015–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

How These Cases Differ From Other Drug Cases

Most Article 112a cases end in a guilty plea at a special court-martial. Cases that also charge Article 120 differ on almost every measure in these records. They were contested more often, ended in a full acquittal less often, were tried at a general court-martial in most cases, and ended in longer confinement.

The comparison group in this post is all Army, Navy, and Marine Corps cases charging Article 112a.

How Often Were the Cases Contested?

A case is contested when the accused pleads not guilty to at least one charge, through a not-guilty plea or a mixed plea. The plea is listed in 30 of the 35 records. Of those, 18 were contested and 12 were guilty pleas.

The contested share was 60%. In the comparison group it was 18%.

What Happened When the Case Went to Verdict?

Of the 18 contested cases that reached a verdict, 1 ended in a full acquittal (6%). The full-acquittal rate for all Article 112a cases was 40%.

Partial acquittals were common. In 11 cases (61%), the accused was found not guilty of at least one charge or specification and guilty of another. That is what a partial acquittal means. A conviction on any single charge still leads to a sentence for everything the accused was found guilty of.

Median Confinement Was 3.2 Years

Of the 35 cases, 34 ended in a conviction on at least one charge. Of those 34 sentences, 32 included confinement (94%). The median confinement was 3.2 years, compared with a 5 months median for all Article 112a cases. A quarter of the sentences were 7.2 years or longer.

Sentences longer than one year were given in 24 of 34 convictions (71%), compared with 16% in the comparison group. The table shows 12 convictions with more than 1 year but under 5 years, and 12 with 5 years or more. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Most Were General Courts-Martial

Of the 35 cases, 32 were general courts-martial (91%), compared with 27% for all Article 112a cases. Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge.

A special court-martial is capped at one year of confinement and cannot impose a dishonorable discharge. The court level sets the range of sentences available. It does not set the sentence in any one case.

Discharges and Dismissals

A punitive discharge was part of the sentence in 90% of enlisted convictions, compared with 70% in the comparison group. There were 20 dishonorable discharges and 8 bad-conduct discharges.

The records list 3 convicted officers or warrant officers. 1 of them was dismissed, which is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Who Was Charged, and With What Else?

The accused were 27 junior enlisted members, 5 NCOs, and 3 officers. The records describe this mix as similar to the comparison group. Junior enlisted means grades E-1 to E-4, and NCOs hold grades E-5 to E-9.

Most cases included other charges as well. Article 128 (assault) was charged in 27 of the 35 cases. Article 92 (orders violation) and Article 80 (attempt) were each charged in 9, and Article 134 (general article) in 8.

Years and Places

Trials took place from October 2015 through April 2026. The highest count was 11 cases in 2021. There were 0 cases in 2016 and 0 in 2019. The 2026 count covers only part of the year.

Parris Island, South Carolina and Camp Lejeune, North Carolina had 4 cases each. Mayport, Florida, Fort Carson, and Norfolk, Virginia had 3 each. These 5 installations account for 49% of the 35 cases. Large installations try more cases of every kind, so a high count does not by itself mean a problem at one base.

What the Records Cannot Show

The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault. Both rules depend on the offense date. The records give only the trial date, so they cannot show whether either change affected these outcomes.

The records also do not show the evidence, the plea terms, or matters resolved outside a courtroom, such as nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 112a on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare · Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025 · Sexual Abuse of an Adult: Federal Cases vs. Article 120 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.