Articles 128 and 129 in the Same Case: What the Records Show
Assault cases that also charged burglary or unlawful entry under Article 129 ended in a full acquittal less often than assault cases overall: 12% of the 17 contested cases that reached a verdict, compared with 40%.
Understanding Trends in Military Practice · 5 min read
Trends › By Offense › Article 128 › With Article 129
Short answer: Assault cases that also charged burglary or unlawful entry under Article 129 ended in a full acquittal less often than assault cases overall: 12% of the 17 contested cases that reached a verdict, compared with 40%. In 43 Army, Navy, and Marine Corps courts-martial from 2021–2026, 80% of convicted enlisted members received a punitive discharge, compared with 64% for all Article 128 cases.
Unlawful Entry and Assault in One Case
Article 129 now covers burglary and unlawful entry. The 43 courts-martial here charged it with Article 128 (assault). All were tried from March 2021 through June 2026.
Most of the cases were tried in 3 years: 9 in 2021, 12 in 2022, and 13 in 2023. There were 2 in 2024 and 3 in 2025, and 4 so far in 2026, a partial year. The comparison group in this post is all Army, Navy, and Marine Corps cases charging Article 128.
Few Contested Cases Ended in a Full Acquittal
A contested case is one where the accused pleaded not guilty to at least one charge. There were 17 contested cases and 26 guilty pleas. The contested share was 40%, the same as for all Article 128 cases.
Of the 17 contested cases that reached a verdict, 12% ended in a full acquittal, compared with 40% for all assault cases. Another 5 ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another. With only 17 verdicts, a few different outcomes would change the rate noticeably.
Punitive Discharges Were More Common
Of 40 convicted enlisted members, 32 received a bad-conduct or dishonorable discharge (80%). That is higher than the 64% for all Article 128 cases. Most were bad-conduct discharges. 6 were dishonorable discharges, which only a general court-martial can adjudge.
The 1 convicted officer or warrant officer in the group was dismissed. Dismissal is the officer form of a punitive discharge. Members without a punitive discharge may still have been separated administratively.
Most Sentences Were in the Middle Range
Confinement was part of 90% of the 41 convictions. The median confinement was 8 months, compared with the 6 months median for all Article 128 cases. A quarter of the sentences were 1.2 years or longer.
16 convictions (39%) were 6 months to 1 year, compared with 20% for all assault cases. Sentences under 6 months made up 22%, compared with 38%. Sentences longer than one year were given in 12 of 41 convictions (29%), about the same as the 27% in the comparison group. 7 convictions (17%) were more than 1 year and under 5 years, and 5 (12%) were 5 years or more, compared with 18% and 9%. Only 4 convictions (10%) included no confinement, compared with 15%.
These are adjudged sentences for every charge in the case, imposed before any plea-agreement cap, clemency, or appeal.
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 128 |
|---|---|---|---|
| No confinement | 4 | 10% | 15% |
| Under 6 months | 9 | 22% | 38% |
| 6 months to 1 year | 16 | 39% | 20% |
| More than 1 year, under 5 years | 7 | 17% | 18% |
| 5 years or more | 5 | 12% | 9% |
Court Levels
General courts-martial heard 24 of the 43 cases, and special courts-martial heard 19. The general court-martial share was 56%, lower than the 62% for all Article 128 cases. A general court-martial can impose any lawful sentence. A special court-martial cannot impose more than one year of confinement or a dishonorable discharge.
The median confinement was 1.2 years at general courts-martial, where 46% of cases were contested. It was 6 months at special courts-martial, where 32% were contested.
Most of the Accused Were Junior Enlisted
Junior enlisted members (E-1 to E-4) were 34 of the 43 accused. There were 8 NCOs (E-5 to E-9) and 1 officer or warrant officer. This group was more junior than all Article 128 cases, where 58% of the accused were junior enlisted.
Other Charges in These Cases
Article 121 (larceny) and Article 120 (sexual assault) were each charged in 9 cases. Article 80 (attempt) and Article 92 (orders violation) were each charged in 8. An assault charge next to a sexual assault charge can describe part of the same incident. The sentence covers the whole case.
Where the Cases Were Tried
Camp Lejeune, North Carolina had 7 cases and Fort Bragg had 4. Marine Corps Base Hawaii, Kaneohe Bay, Joint Base Lewis-McChord, and Fort Bliss had 3 each. These installations account for 47% of the 43 cases. Large installations try more cases of every kind, so the list does not identify a problem at any base.
What the Records Do Not Show
Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault and domestic violence. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Both depend on the offense date, which the records do not give.
The evidence, the plea terms, nonjudicial punishment, and administrative separations are also not in the records. The records cannot show why any 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.
How We Counted
Army, Navy, and Marine Corps courts-martial that charged both Article 128 and Article 129 (43 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 128 (Assault): Court-Martial Data and Trends (hub)
- Article 129 (Burglary Before 2019, Burglary and Unlawful Entry Since): Court-Martial Data and Trends (hub)
- Assault Plus Orders Violation: Courts-Martial Charging Articles 128 and 92
- Assault Plus General Article: Courts-Martial Charging Articles 128 and 134
- When Article 128 and Article 80 Are Charged Together, How Do Cases End?
- Army Article 128 Cases by the Numbers, 2021–2025
- Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025
- Article 128 explained on the law firm's website
- Search every case in Military Trial Results (members)
Compare: federal court. 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.