Assault Plus Conspiracy: Courts-Martial Charging Articles 128 and 81

Trends › By Offense › Article 128 › With Article 81

Based on 44 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

A Small Group of Mostly Junior Enlisted Members

Junior enlisted members (E-1 to E-4) made up 81% of the accused in this group. NCOs made up 14% and officers 5%. Across all Army, Navy, and Marine Corps cases charging Article 128, junior enlisted members made up 58% of the accused, so this group is more junior.

The 44 cases were tried from April 2013 through July 2026. No year had more than 8 cases. There were 8 cases in 2021 and 7 each in 2020, 2022, and 2025. The records show no cases in 2015, 2017, or 2024, and the 2026 count covers only part of the year.

Most Cases Ended in a Conviction

Of the 44 cases, 42 ended with a conviction on at least one charge. A contested case is one where the accused pleaded not guilty to at least one charge. The records show 12 contested cases that reached a verdict. Of those, 17% ended in a full acquittal, which is lower than the 40% for all assault cases in these services.

Partial acquittals were more common than full acquittals. In 4 contested cases, the accused was found not guilty of at least one charge or specification and guilty of another.

Pleas Were About the Same as in All Assault Cases

The plea is listed for 31 of the 44 cases. Of those, 19 accused pleaded guilty and 12 contested at least one charge. The contested share was 39%. For all Article 128 cases in these services, it was 40%, about the same.

How Much Confinement Did Convictions Bring?

Confinement was part of 37 of the 42 convictions. The median confinement was 11 months, compared with 6 months for all assault cases. A quarter of the terms were 2 years or longer. These are adjudged sentences: the sentences announced at trial, before any plea-agreement cap, clemency, or appeal. Each one covers all the charges in the case.

Sentences of more than 1 year followed 13 of 42 convictions (31%), compared with 27% in the comparison group. The most common length was 6 months to 1 year, with 13 convictions (31%). Another 5 convictions (12%) included 5 years or more.

General and Special Courts-Martial Heard About the Same Number

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial is capped at 1 year of confinement and can impose a bad-conduct discharge but not a dishonorable discharge. Here, general courts-martial heard 23 cases and special courts-martial heard 21.

The general court-martial share, 52%, is lower than the 62% for all Article 128 cases in these services. Confinement followed 86% of convictions at general courts-martial and 90% at special courts-martial. The median confinement was 2 years at general courts-martial and 6 months at special courts-martial.

Discharges After Conviction

A punitive discharge is a bad-conduct or dishonorable discharge for an enlisted member. A punitive discharge followed 79% of enlisted convictions. These included 26 bad-conduct discharges and 5 dishonorable discharges. The rate for all assault cases in these services was 64%.

The records list only 2 convicted officers or warrant officers, and none was dismissed. Dismissal is the officer equivalent of a punitive discharge. A member who receives no punitive discharge can still be separated administratively later.

Other Charges and Installations

Besides conspiracy, the most common other charges were Article 92 (orders violation) and Article 131b (obstruction, numbered since 2019), in 9 cases each. Article 107 (false official statement) was charged in 8 cases, and Article 129 (burglary before 2019; burglary and unlawful entry since) in 7.

Camp Lejeune, North Carolina had the most cases, with 11. Norfolk, Virginia had 4, Parris Island, South Carolina had 3, and MCAS New River, North Carolina and Fort Bliss had 2 each. These five installations account for 50% of the total. Larger installations try more cases of all kinds.

What the Records Do Not Show

The Military Justice Act of 2016 changed court-martial procedure on January 1, 2019, and further changes began on December 28, 2023. Which rules applied to a case depends on the offense date. The records show only the trial date, so later trials include cases under both the old and new rules.

The records cover only cases that reached a courtroom. Nonjudicial punishment, administrative separations, and cases where no action was taken are not included. The records do not describe the evidence or any plea agreement terms.

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.