Murder Plus Assault: Courts-Martial Charging Articles 118 and 128
Between 2014–2026, 13 Army, Navy, and Marine Corps courts-martial charged both Article 118 (murder) and Article 128 (assault). Every conviction included confinement, and the median term was 11 years, compared with 18 years in all Army, Navy, and Marine Corps cases charging Article 118.
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Trends › By Offense › Article 118 › With Article 128
Short answer: Between 2014–2026, 13 Army, Navy, and Marine Corps courts-martial charged both Article 118 (murder) and Article 128 (assault). Every conviction included confinement, and the median term was 11 years, compared with 18 years in all Army, Navy, and Marine Corps cases charging Article 118. 2 of the sentences were life sentences.
Confinement Terms
Confinement was part of 100% of the 13 convictions. The median term was 11 years, shorter than the 18 years median in all Army, Navy, and Marine Corps cases charging Article 118. The 13 sentences included 2 life sentences.
These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, and a conviction in this group may rest on a charge other than Article 118.
Dishonorable Discharges
Among 12 enlisted members convicted, 10 received a bad-conduct or dishonorable discharge (83%), about as often as in all Army, Navy, and Marine Corps cases charging Article 118 (81%). Of those 10, 9 were dishonorable discharges.
The group includes 1 convicted officer or warrant officer, who was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
Pleas
The plea is listed in 10 of the 13 records. Of those, 5 accused pleaded guilty and 5 contested at least one charge with a not-guilty or mixed plea. The contested share of 50% compares with 46% in all Army, Navy, and Marine Corps cases charging Article 118.
Other Charges
None of the 13 cases charged Article 118 by itself, compared with 9 of 39 in all Army, Navy, and Marine Corps cases charging Article 118. Article 128 is in all 13. Article 80 (attempt) was charged in 5 cases, Article 131b (obstruction, numbered since 2019) in 4, Article 81 (conspiracy) in 3, and Article 107 (false official statement) in 2.
Rank of the Accused
Junior enlisted members (E-1 to E-4) made up 77% of the accused, NCOs 15%, and officers 8%. In all Army, Navy, and Marine Corps cases charging Article 118, junior enlisted members made up 61%.
Trials by Year
The 13 trials ran from November 2014 to June 2026. By year: 2014: 1, 2015: 0, 2016: 0, 2017: 0, 2018: 2, 2019: 1, 2020: 0, 2021: 2, 2022: 4, 2023: 0, 2024: 2, 2025: 0, and 2026: 1. The 2026 count is a partial year.
Law Changes and Limits of the Records
The Military Justice Act of 2016 took effect on January 1, 2019, setting fixed panel sizes and bringing in written plea agreements; cases with offenses from before 2019 kept the old rules. Article 118 is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses, and when every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new parameters. The records give trial dates, not offense dates.
These records cover courts-martial only. They do not describe the evidence or plea terms, and they do not include nonjudicial punishment or administrative separation.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army, Navy, and Marine Corps courts-martial that charged both Article 118 and Article 128 (13 cases). Air Force cases are left out because Air Force records rarely list the charges in acquittals.
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 118 (Murder): Court-Martial Data and Trends (hub)
- Article 128 (Assault): Court-Martial Data and Trends (hub)
- Is Army Murder Prosecution Rising or Falling? Article 118, 2021–2025
- How Has Article 118 Changed in Navy-Marine Corps Courts-Martial Since 2017?
- AWOL Plus Disrespect: Courts-Martial Charging Articles 86 and 89
- Article 127 Plus General Article: Courts-Martial Charging Articles 127 and 134
- Articles 107 and 115 in the Same Case: What the Records Show
- Articles 107 and 120 in the Same Case: What the Records Show
- Articles 107 and 120c in the Same Case: What the Records Show
- Search every case in Military Trial Results (members)
Compare: federal court. Murder and Manslaughter: Federal vs. Court-Martial Sentences, 2016–2025 · Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025
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.