When Article 128b and Article 80 Are Charged Together, How Do Cases End?
From 2023–2026, 16 Army, Navy, and Marine Corps courts-martial charged both Article 128b (domestic violence) and Article 80 (attempt). 56% were contested cases, against 28% in all Army, Navy, and Marine Corps cases charging Article 128b.
Understanding Trends in Military Practice · 4 min read
Trends › By Offense › Article 128b › With Article 80
Short answer: From 2023–2026, 16 Army, Navy, and Marine Corps courts-martial charged both Article 128b (domestic violence) and Article 80 (attempt). 56% were contested cases, against 28% in all Army, Navy, and Marine Corps cases charging Article 128b. Among the 9 sentences with confinement, the median was 2.5 years, and 1 was a life sentence.
Long Confinement Terms
12 of the 16 cases ended in a conviction on at least one charge. 9 of those 12 sentences included confinement (75%). The median term was 2.5 years, compared with a median of 6 months in all Army, Navy, and Marine Corps cases charging Article 128b.
A quarter of the sentences that included confinement were 25 years or longer, and 1 was a life sentence. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, not only the domestic violence count.
Contested More Often Than Other Domestic Violence Cases
9 accused contested at least one charge and 7 pleaded guilty. The contested share of 56% was higher than the 28% in all Army, Navy, and Marine Corps cases charging Article 128b.
A contested case is one with a not-guilty plea or a mixed plea to at least one charge.
Attempt Charges With Other Serious Counts
Every case paired domestic violence with at least one other article, while 321 of 674 cases in the comparison group charged Article 128b by itself. Besides Article 80 (attempt) in all 16, the most common charges were Article 128 (assault) in 6 cases, Article 120 (sexual assault) in 4, Article 115 (communicating threats) in 3, and Article 90 (disobeying an officer) in 3.
Discharges and a Dismissal
9 of the 11 convicted enlisted members received a bad-conduct or dishonorable discharge (82%). That was more often than the 69% in all Army, Navy, and Marine Corps cases charging Article 128b. 5 of the 9 were dishonorable discharges.
1 convicted officer or warrant officer appears here, and that officer was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
A More Senior Group
By rank, 9 accused were NCOs, 6 were junior enlisted members, and 1 was an officer. This group was more senior than all Army, Navy, and Marine Corps cases charging Article 128b.
12 cases were tried at a general court-martial and 4 at a special court-martial. The general share, 75%, was higher than the 61% in the comparison group.
Years and Rules
The cases ran from February 2023 to June 2026: 5 in 2023, 4 in 2024, 3 in 2025, and 4 in the partial year 2026.
These trials span the December 28, 2023, change that gave special trial counsel the decision to prosecute covered offenses, including Article 128b. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023. The records give trial dates, not offense dates, so they cannot show which cases fell under the new rules.
What Is Missing
The records do not show the evidence, the plea terms, or misconduct handled by nonjudicial punishment or administrative separation. Article 128b covers only offenses on or after January 1, 2019.
For what the offense covers and how it is defended, see Article 128b on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army, Navy, and Marine Corps courts-martial that charged both Article 128b and Article 80 (16 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, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Article 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends (hub)
- Article 80 (Attempts): Court-Martial Data and Trends (hub)
- Domestic Violence Plus Disobeying An Officer: Courts-Martial Charging Articles 128b and 90
- Articles 128b and 92 in the Same Case: What the Records Show
- When Article 128b and Article 134 Are Charged Together, How Do Cases End?
- Is Army Domestic Violence Prosecution Rising or Falling? Article 128b, 2021–2025
- Air Force Article 128b Cases by the Numbers, 2016–2025
- Article 128b explained on the law firm's website
- Search every case in 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. This analysis is for education and information only. It is not legal advice, and every case is different.