Assault Plus Solicitation: Courts-Martial Charging Articles 128 and 82

Trends › By Offense › Article 128 › With Article 82

Based on 19 cases · 2014–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Almost All Were General Courts-Martial

18 of the 19 cases were tried at a general court-martial and 1 at a special court-martial. The general share of 95% was higher than the 62% in all Army, Navy, and Marine Corps cases charging Article 128.

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial is limited to 1 year of confinement and cannot impose a dishonorable discharge.

Confinement Terms

Confinement was part of 93% of the 15 convictions. The median term was 2.7 years. In all Army, Navy, and Marine Corps cases charging Article 128, the median was 6 months.

A quarter of the sentences that included confinement were 8 years or longer. These are sentences as adjudged at trial, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Sexual Offenses Appeared in Many of These Cases

None of the 19 cases charged assault by itself. Across all Army, Navy, and Marine Corps cases charging Article 128, 670 of 2155 did. Besides Article 82 (solicitation), present in all 19, the most common charges were Article 134 (general article) in 11 cases, Article 120 (sexual assault) in 11, Article 120b (child sexual abuse) in 10, and Article 80 (attempt) in 9.

When assault is charged next to sexual assault, the assault count can describe part of the same incident. The sentence figures above reflect all of these charges together.

Punitive Discharges and Dismissal

12 of 13 convicted enlisted members received a punitive discharge: 5 bad-conduct discharges and 7 dishonorable discharges. In all Army, Navy, and Marine Corps cases charging Article 128, the share was 64%.

1 convicted officer or warrant officer appears in this group, and that officer was dismissed. Dismissal is the officer equivalent of a punitive discharge.

Plea Records

Only 11 of the 19 records list the plea. Among those, 4 accused pleaded guilty and 7 contested at least one charge. The contested share, 64%, was higher than the 40% in all Army, Navy, and Marine Corps cases charging Article 128.

Rank of the Accused

Among the accused with rank recorded, 8 were junior enlisted members (E-1 to E-4), 6 were NCOs (E-5 to E-9), and 2 were officers or warrant officers. This group was more senior than all Army, Navy, and Marine Corps cases charging Article 128, where 58% were junior enlisted.

Years and Rule Changes

The cases ran from June 2014 to January 2026, with the most in 2017 (5 cases). No cases were recorded in 2019, 2022, 2023, or 2025, and 2026 is a partial year.

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, and they can also take a related assault charge. The records give trial dates, not offense dates, so they cannot show which rules applied to a given case. They also leave out nonjudicial punishment, administrative separation, the evidence, and the plea 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.