> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # When Article 128b and Article 129 Are Charged Together, How Do Cases End? - URL: https://www.bodiesburied.com/trends/article-128b-and-article-129-charged-together/ - Published: 2026-10-30T08:16:12.000Z - Updated: 2026-10-30T08:16:12.000Z - Description: From 2022–2026, 15 Army, Navy, and Marine Corps courts-martial charged both Article 128b (domestic violence) and Article 129 (burglary and unlawful entry). 40% of cases were contested, against 28% in all Army, Navy, and Marine Corps cases charging Article 128b. - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Article 128b, Article 129 [Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 128b](https://www.bodiesburied.com/trends/article-128b-courts-martial/) › With Article 129 **Short answer:** From 2022–2026, 15 Army, Navy, and Marine Corps courts-martial charged both Article 128b (domestic violence) and Article 129 (burglary and unlawful entry). 40% of cases were contested, against 28% in all Army, Navy, and Marine Corps cases charging Article 128b. The median confinement was 8 months, compared with 6 months in that comparison group. Based on 15 cases · 2022–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026 ## More Contested Cases Than Other Domestic Violence Charges 6 of the 15 accused contested at least one charge, and 9 pleaded guilty. The contested share of 40% was higher than the 28% in all Army, Navy, and Marine Corps cases charging Article 128b. A contested case is one where the accused enters a not-guilty or mixed plea to at least one charge. ## Sentences After Conviction 13 cases ended in a conviction, and confinement was part of 92% of them. The median term was 8 months. In all Army, Navy, and Marine Corps cases charging Article 128b, the median was 6 months. A quarter of the sentences that included confinement were 1.5 years or longer. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each one covers every charge in the case. ## Punitive Discharges 10 of 13 convicted enlisted members received a punitive discharge: 8 bad-conduct discharges and 2 dishonorable discharges. In all Army, Navy, and Marine Corps cases charging Article 128b, the share was 69%. A sentence without a punitive discharge does not rule out a later administrative separation. ## What Else Was Charged None of the 15 cases charged domestic violence by itself, while 321 of 674 cases in the comparison group did. Besides Article 129 in all 15, the most common charges were Article 128 (assault) in 7 cases, Article 90 (disobeying an officer) in 5, Article 92 (orders violation) in 5, and Article 109 (property damage) in 4. ## Rank and Court Level Junior enlisted members (E-1 to E-4) made up 73% of the accused and NCOs 27%, with no officers. Across all Army, Navy, and Marine Corps cases charging Article 128b, junior enlisted members were 57%. 10 cases were tried at a general court-martial and 5 at a special court-martial. The general share of 67% compares with 61% in the comparison group. A special court-martial is limited to 1 year of confinement and cannot impose a dishonorable discharge. ## Trial Years and the 2023 Changes The cases were tried from March 2022 through April 2026: 5 in 2022, 6 in 2023, 2 in 2024, none in 2025, and 2 in the partial year 2026. Article 128b is a covered offense. Since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute it, and new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. Article 128b itself applies only to offenses on or after January 1, 2019\. The records give trial dates, not offense dates, so they cannot sort the later trials by rule set. They also leave out the evidence, plea terms, nonjudicial punishment, and administrative separation. For what the offense covers and how it is defended, see [Article 128b on the law firm's website](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?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 128b and Article 129 (15 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 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128b-courts-martial/) (hub) - [Article 129 (Burglary Before 2019, Burglary and Unlawful Entry Since): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-129-courts-martial/) (hub) - [Domestic Violence Plus Disobeying An Officer: Courts-Martial Charging Articles 128b and 90](https://www.bodiesburied.com/trends/article-128b-and-article-90-charged-together/) - [Articles 128b and 92 in the Same Case: What the Records Show](https://www.bodiesburied.com/trends/article-128b-and-article-92-charged-together/) - [When Article 128b and Article 134 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-128b-and-article-134-charged-together/) - [Is Army Domestic Violence Prosecution Rising or Falling? Article 128b, 2021–2025](https://www.bodiesburied.com/trends/army-article-128b-trend-2021-2025/) - [Air Force Article 128b Cases by the Numbers, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-128b-trend-2016-2025/) - [Article 128b explained on the law firm's website](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?ref=bodiesburied.com) - [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members) **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.