When Article 128 and Article 80 Are Charged Together, How Do Cases End?

Trends › By Offense › Article 128 › With Article 80

Based on 145 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Sentences Measured in Years, Not Months

Confinement is the largest difference between this group and assault cases overall. Of 129 convictions, 114 included confinement (88%). The median confinement was 2.5 years. Across all Army, Navy, and Marine Corps cases charging Article 128, the median was 6 months.

A quarter of the sentences here were 5 years or longer, and 1 was a life sentence. These are adjudged sentences: the terms announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, not the assault alone.

Confinement by Length

Terms longer than 1 year followed 84 of 129 convictions (65%), compared with 27% in all assault cases. The most common length was more than 1 year but under 5 years: 52 convictions, or 40%.

Short terms were less common here. Only 13 convictions (10%) included less than 6 months of confinement, compared with 38% of assault convictions overall. Another 15 convictions (12%) included no confinement.

Almost Every Case Went to a General Court-Martial

General courts-martial heard 86% of these cases (125 of 145). A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial is limited to 1 year of confinement and cannot impose a dishonorable discharge.

The median confinement was 3 years at general courts-martial and 5 months at the 20 special courts-martial. The contested share was 59% at general courts-martial and 6% at special courts-martial.

What Else Was on the Charge Sheet?

Article 120 (sexual assault) was charged in 95 of the 145 cases, and Article 120b (child sexual abuse) in 51. Article 134 (general article) was charged in 26 cases and Article 92 (orders violation) in 14.

When an assault charge appears next to a sexual assault or domestic violence charge, it can describe part of the same incident. The sentence covers the whole case. So the figures above describe all the findings in each case, not the attempt and assault charges alone.

Fewer Guilty Pleas, Fewer Full Acquittals

A case is contested when the accused pleads not guilty to at least one charge. Of the 110 records that list a plea, 56 were not-guilty or mixed pleas and 54 were guilty pleas. That is 51% contested, compared with 40% in all Army, Navy, and Marine Corps assault cases.

Of the 56 contested cases that reached a verdict, 11 ended in a full acquittal (20%). That is lower than the 40% in the comparison group. Another 19 ended in a partial acquittal, where the accused was found not guilty of at least one charge or specification and guilty of another.

Punitive Discharges and Officer Dismissals

A punitive discharge is a bad-conduct or dishonorable discharge for an enlisted member. A punitive discharge followed 83% of enlisted convictions here: 26 bad-conduct discharges and 74 dishonorable discharges. Across all assault cases in these services, the share was 64%.

For officers and warrant officers, the equivalent sentence is a dismissal. The records list 8 convicted officers or warrant officers, and 7 were dismissed. A sentence without a punitive discharge can still be followed by an administrative separation.

Who Faced These Charges?

The accused in this group were more senior than in assault cases generally. The records list 72 junior enlisted members (E-1 to E-4), 58 NCOs (E-5 to E-9), and 9 officers or warrant officers. In all Army, Navy, and Marine Corps cases charging Article 128, 58% of the accused were junior enlisted.

Timing and Location of the Trials

The 145 cases were tried between March 2013 and July 2026. The highest yearly counts were 25 cases in 2017 and 35 in 2021. There were 2 cases in 2025. The 2026 count covers only part of the year.

Okinawa, Japan had the most cases, with 13. Norfolk, Virginia had 10, Camp Lejeune, North Carolina had 9, and Pearl Harbor, Hawaii and Yokosuka, Japan had 8 each. These five installations account for 33% of the total. Large installations try more cases of every type, so a high count does not show that a base has a problem with these offenses.

Rule Changes and the Limits of the Records

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 and domestic violence. Assault is not a covered offense, but it can be charged with one. Which rules applied depends on the offense date, and the records list only trial dates.

These records cover only cases that reached a courtroom. Cases handled through nonjudicial punishment, administrative separation, or no action are not included. The records do not describe the evidence or the terms of any plea agreement.

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.

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.