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# Assault Plus General Article: Courts-Martial Charging Articles 128 and 134
- URL: https://www.bodiesburied.com/trends/article-128-and-article-134-charged-together/
- Published: 2026-10-28T06:55:01.000Z
- Updated: 2026-11-03T01:47:28.000Z
- Description: Cases that charged both assault (Article 128) and the general article (Article 134) had a median confinement of 1 year, compared with 6 months for all Article 128 cases. They also ended in a full acquittal less often.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128, Article 134

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 128](https://www.bodiesburied.com/trends/article-128-courts-martial/) › With Article 134

**Short answer:** Cases that charged both assault (Article 128) and the general article (Article 134) had a median confinement of 1 year, compared with 6 months for all Article 128 cases. They also ended in a full acquittal less often. Across 261 Army, Navy, and Marine Corps courts-martial from 2013–2026, 20 of 106 contested cases that reached a verdict ended in a full acquittal (19%), compared with 40% for all assault cases.

Based on 261 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

## One of the Most Frequent Assault Pairings

Article 134, the general article, covers conduct that harms good order and discipline or discredits the armed forces, plus a list of specific offenses. The records show 261 cases tried between April 2013 and June 2026 that charged both Article 134 and Article 128 (assault).

The comparison group is all Army, Navy, and Marine Corps cases charging Article 128\. It has 2155 cases, and 670 of them charged assault alone. In this group of 261, the highest yearly count was 69 cases in 2021\. There were 31 cases in 2022, 28 in 2023, and 32 in 2024\. The 2026 count of 6 covers only part of the year.

## Verdicts in Contested Cases

A contested case is one where the accused pleaded not guilty to at least one charge. Of the 106 contested cases that reached a verdict, 20 ended in a full acquittal. That rate, 19%, is lower than the 40% for all Article 128 cases.

Partial acquittals were more common: 53 cases. In a partial acquittal, the accused was found not guilty of at least one charge or specification and guilty of another. The case still ended in a sentence.

## A Higher Share Went to Trial

The plea is listed in 222 of the 261 records. Of those, 116 accused pleaded guilty and 106 contested at least one charge. The contested share, 48%, is higher than the 40% in the comparison group.

## Confinement Was Longer

Confinement was part of 86% of the 239 convictions. The median confinement was 1 year, compared with 6 months for all assault cases. A quarter of the terms were 3 years or longer.

More than 1 year of confinement followed 98 of 239 convictions (41%), compared with 27% in the comparison group. Terms of more than 1 year but under 5 years followed 66 convictions (28%), compared with 18%. Terms of 5 years or more followed 32 convictions (13%), compared with 9%. Terms under 6 months were less common: 28% compared with 38%. The share with no confinement, 14%, was about the same as the 15% for all Article 128 cases.

These are adjudged sentences. Each one covers every charge in the case and was 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                  | 33          | 14%        | 15%                                                                |
| Under 6 months                  | 68          | 28%        | 38%                                                                |
| 6 months to 1 year              | 40          | 17%        | 20%                                                                |
| More than 1 year, under 5 years | 66          | 28%        | 18%                                                                |
| 5 years or more                 | 32          | 13%        | 9%                                                                 |

## Sentences at Each Court Level

General courts-martial heard 191 of the 257 cases with a court level listed (74%), compared with 62% for all Article 128 cases. Special courts-martial heard 66, and the court level is not listed for 4\. A special court-martial caps confinement at 1 year and cannot impose a dishonorable discharge.

At general courts-martial, the median confinement was 1.5 years, and 57% of cases were contested. At special courts-martial, the median confinement was 4 months, and 25% of cases were contested.

## Discharges

A punitive discharge followed 67% of enlisted convictions, about the same as the 64% for all Article 128 cases. These included 83 bad-conduct discharges and 66 dishonorable discharges.

The records list 14 convicted officers or warrant officers, and 9 of them were dismissed. Dismissal is the officer equivalent of a punitive discharge. A member who received no punitive discharge could still be separated administratively later.

## Sexual Offense Charges Were Common

Article 120 (sexual assault) was charged in 104 of the 261 cases, and Article 120b (child sexual abuse) in 38\. Article 92 (orders violation) was charged in 46 cases and Article 107 (false official statement) in 33\. When an assault charge appears next to a sexual assault charge, the assault count can describe part of the same incident. The sentence covers the whole case.

## Rank and Location

The accused included 121 junior enlisted members (E-1 to E-4), 120 NCOs (E-5 to E-9), and 16 officers or warrant officers. In all Article 128 cases, 58% of the accused were junior enlisted, so this group is more senior.

Fort Bragg and Camp Lejeune, North Carolina, had 16 cases each. Joint Base Lewis-McChord had 12, and Fort Campbell and Marine Corps Base Hawaii, Kaneohe Bay, had 11 each. These five installations account for 25% of the 261 cases, so the cases are spread across many locations. Larger installations try more cases of every kind.

## Gaps in the Records

Assault is not a covered offense. Since December 28, 2023, however, special trial counsel who take a covered offense such as sexual assault can also take related charges. The records give trial dates, not offense dates, so they cannot show which rules applied in a given case.

The records also do not describe the evidence or the plea terms, and they do not include 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](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army, Navy, and Marine Corps courts-martial that charged both Article 128 and Article 134 (261 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](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub)
- [Article 134 (General Article): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-134-courts-martial/) (hub)
- [Assault Plus Orders Violation: Courts-Martial Charging Articles 128 and 92](https://www.bodiesburied.com/trends/article-128-and-article-92-charged-together/)
- [When Article 128 and Article 80 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-128-and-article-80-charged-together/)
- [When Article 128 and Article 128b Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-128-and-article-128b-charged-together/)
- [Army Article 128 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-128-trend-2021-2025/)
- [Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-128-trend-2016-2025/)
- [Article 128 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-article-128/)

**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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.