When Article 128 and Article 128b Are Charged Together, How Do Cases End?

Trends › By Offense › Article 128 › With Article 128b

Based on 106 cases · 2020–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Domestic Violence Charged With Assault

Article 128b is the domestic violence article of the UCMJ. The 106 courts-martial here charged it together with Article 128 (assault). The first was tried in June 2020 and the last in August 2026.

There were 3 cases in 2020, 15 in 2021, and 27 in 2022, the highest count. Each year since has had between 16 and 19. The 2026 count of 9 covers part of the year. The comparison group in this post is every Army, Navy, and Marine Corps case charging Article 128.

Few Contested Cases Ended in a Full Acquittal

A case is contested when the accused pleads not guilty to at least one charge. Of the 45 contested cases that reached a verdict, 22% ended in a full acquittal. For all Article 128 cases, the rate was 40%.

Partial acquittals were more common. In 31 contested cases, the accused was found not guilty of at least one charge or specification and guilty of another. A partial acquittal still results in a conviction and a sentence.

Slightly More Contested Cases

The plea is listed in 105 of the 106 records. In 60, the accused pleaded guilty. In 45, the accused contested at least one charge. The contested share was 43%, slightly higher than the 40% for all Article 128 cases.

How Long Were the Sentences?

Of 96 convictions on at least one charge, 78 included confinement (81%). The median confinement was 10 months, compared with the 6 months median for all assault cases. A quarter of the sentences were 2.5 years or longer, and 1 was a life sentence.

Confinement of more than one year was given in 31 of 96 convictions (32%), compared with 27%. Sentences of more than 1 year but under 5 years made up 23% of convictions here, compared with 18%. Sentences under 6 months made up 28%, compared with 38%. The share at 5 years or more was 9%, the same as the comparison group.

These are adjudged sentences, covering every charge in the case and set before any plea-agreement cap, clemency, or appeal.

Sentences at Each Court Level

General courts-martial, which can impose any lawful sentence, heard 85 of the 106 cases (80%). Special courts-martial heard the other 21. A special court-martial is capped at one year of confinement and cannot adjudge a dishonorable discharge.

At general courts-martial, the median confinement was 1 year and 48% of cases were contested. At special courts-martial, the median was 3 months and 20% were contested.

Discharges After Conviction

Of 90 convicted enlisted members, 67 received a punitive discharge: 50 bad-conduct and 17 dishonorable. For all Article 128 cases, 64% of convicted enlisted members received a punitive discharge.

Of 6 convicted officers or warrant officers, 1 was dismissed. Dismissal is the officer form of a punitive discharge. A member without a punitive discharge can still face an administrative separation, which these records do not show.

Who Was Charged and With What

The accused were 53 junior enlisted members, 45 NCOs, and 8 officers. The records describe this group as more senior than all Article 128 cases. Junior enlisted members were still the largest rank group.

Article 115 (malingering before 2019; communicating threats since) was charged in 24 cases, Article 134 (general article) in 23, Article 92 (orders violation) in 20, and Article 120 (sexual assault) in 19. An assault charge next to a domestic violence or sexual assault charge can describe part of the same incident. The sentence covers the case as a whole.

Installations

Fort Bragg had the most cases, with 13. Fort Bliss had 8, and Fort Stewart, Camp Lejeune, North Carolina, and Joint Base Lewis-McChord had 7 each. These installations account for 40% of the 106 cases. Larger installations try more cases of every kind, so the counts do not by themselves say anything about one base.

Rule Changes and What the Records Do Not Show

Domestic violence is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute it. Whether those rules applied depends on the offense date, which these records do not give. Trials from 2024 on include both old-rule and new-rule cases.

The records also do not include the evidence, the plea terms, nonjudicial punishment, or administrative separations. They do not explain why a case ended as it did.

For what the offense covers and how it is defended, see Article 128 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.