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# When Article 128b and Article 134 Are Charged Together, How Do Cases End?
- URL: https://www.bodiesburied.com/trends/article-128b-and-article-134-charged-together/
- Published: 2026-10-28T06:55:28.000Z
- Updated: 2026-10-30T08:14:41.000Z
- Description: Domestic violence cases (Article 128b) that also charged the general article (Article 134) had longer confinement than domestic violence cases overall.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128b, Article 134

[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 134

**Short answer:** Domestic violence cases (Article 128b) that also charged the general article (Article 134) had longer confinement than domestic violence cases overall. Across 59 Army, Navy, and Marine Corps courts-martial from 2021–2026, the median confinement was 1 year, compared with 6 months for all Article 128b cases. The contested share was 44%, compared with 28%.

Based on 59 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

## A Longer Median Confinement Than in All Domestic Violence Cases

Of 55 convictions, 48 included confinement (87%). The median confinement was 1 year, compared with 6 months across all Army, Navy, and Marine Corps cases charging Article 128b. A quarter of the sentences were 2.8 years or longer.

These are adjudged sentences: the sentences announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, including the general article charge and any others. Article 134 covers a wide range of conduct. The records do not show which specific general article offense was charged with the domestic violence charge in each case.

## Long Sentences Were More Common

Terms of more than 1 year followed 24 of 55 convictions (44%), compared with 20% in the comparison group. The most common length was more than 1 year but under 5 years: 18 convictions (33%), compared with 16% for all domestic violence cases.

Terms of 5 years or more followed 6 convictions (11%), compared with 4%. Shorter sentences were less common. Terms under 6 months followed 16 convictions (29%), compared with 42% across all Article 128b cases.

| Adjudged confinement            | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 128b |
| ------------------------------- | ----------- | ---------- | ------------------------------------------------------------------- |
| No confinement                  | 7           | 13%        | 16%                                                                 |
| Under 6 months                  | 16          | 29%        | 42%                                                                 |
| 6 months to 1 year              | 8           | 15%        | 21%                                                                 |
| More than 1 year, under 5 years | 18          | 33%        | 16%                                                                 |
| 5 years or more                 | 6           | 11%        | 4%                                                                  |

## General Courts-Martial Heard Most Cases

General courts-martial heard 47 cases and special courts-martial heard 12\. The general court-martial share, 80%, compares with 61% for all Article 128b cases. Only a general court-martial can impose more than 1 year of confinement or a dishonorable discharge. A special court-martial is capped at 1 year.

The median confinement was 1.8 years at general courts-martial and 3 months at special courts-martial. The accused contested the charges in 47% of cases at general courts-martial, compared with 33% at special courts-martial.

## Pleas and Verdicts

There were 33 guilty pleas and 26 contested cases. A contested case is one where the accused pleaded not guilty to at least one charge. The contested share, 44%, is higher than the 28% for all domestic violence cases in these services.

Few contested cases ended in a full acquittal: 4 of the 26 that reached a verdict, or 15%. The rate across all Article 128b cases was 28%. Another 20 cases ended in a partial acquittal, with a not-guilty finding on at least one charge or specification and a guilty finding on another.

## Punitive Discharges and Dismissals

Of 49 convicted enlisted members, 36 received a punitive discharge: 21 bad-conduct discharges and 15 dishonorable discharges. The share across all Article 128b cases was 69%.

Of 6 convicted officers or warrant officers, 4 were dismissed. Dismissal is the officer equivalent of a punitive discharge. When a sentence includes no punitive discharge, an administrative separation can still follow.

## Rank and Other Charges

The accused were 27 junior enlisted members, 25 NCOs, and 7 officers. This group is more senior than all domestic violence cases in these services. Officers were 7 of the 59 accused.

Besides Article 134 (general article), these cases often charged Article 128 (assault), in 23 cases. Article 120 (sexual assault) was charged in 13, Article 90 (disobeying an officer) in 10, and Article 115 (communicating threats) in 9.

## Years and Installations

The 59 cases were tried from January 2021 to September 2026\. There were 15 cases in both 2022 and 2023 and 12 in 2024\. There were 5 cases in 2025, and the 2026 count of 4 covers only part of the year. Article 128b applies only to offenses on or after January 1, 2019\. Earlier domestic violence conduct was charged under other articles and is not included here.

Fort Bragg had 8 of these cases. Joint Base Lewis-McChord, Fort Drum, Fort Polk, and Camp Lejeune, North Carolina had 3 each. These five installations account for 34% of the total. Larger installations try more cases of every kind.

## What the Records Do Not Show

Article 128b is a covered offense. Since December 28, 2023, special trial counsel decide whether to prosecute it. Offenses after December 27, 2023 are sentenced by a military judge under new sentencing parameters. Both rules depend on the offense date, and the records give only the trial date. So recent years include cases under both the old and new rules.

The records also do not include nonjudicial punishment, administrative separations, the evidence, or any plea agreement terms.

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 134 (59 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 134 (General Article): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-134-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/)
- [Articles 128b and 131b in the Same Case: What the Records Show](https://www.bodiesburied.com/trends/article-128b-and-article-131b-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.