General Article Plus Resisting Apprehension: Courts-Martial Charging Articles 134 and 87a

Trends › By Offense › Article 134 › With Article 87a

Based on 16 cases · 2017–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Shorter Confinement Than Other Article 134 Cases

Confinement was part of 93% of the 15 convictions. The median term was 7 months, compared with 1.3 years in all Army, Navy, and Marine Corps cases charging Article 134. A quarter of the sentences that included confinement were 1.1 years or longer.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case.

Assault Charged in 10 of 16 Cases

Every case charged at least 1 article besides Article 134. Next to Article 87a (resisting apprehension, numbered since 2019) in all 16, the most common were Article 128 (assault) in 10 cases, Article 92 (orders violation) in 5, Article 108 (military property) in 4, and Article 115 (malingering before 2019; communicating threats since) in 4.

Punitive Discharges

10 of 15 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 134, the share was 78%.

A sentence without a punitive discharge does not rule out a later administrative separation.

Pleas

14 of the 16 records list the plea. 10 accused pleaded guilty and 4 entered not-guilty or mixed pleas. The contested share of 29% was about the same as the 26% in all Army, Navy, and Marine Corps cases charging Article 134.

Rank and Court Level

Among the accused with rank recorded, 9 were junior enlisted members (E-1 to E-4) and 6 were NCOs (E-5 to E-9), with no officers or warrant officers. That mix was more junior than the comparison group, where 55% were junior enlisted.

10 of the 14 cases with a court level listed were general courts-martial (71%), compared with 76% in all Army, Navy, and Marine Corps cases charging Article 134. A special court-martial is limited to 1 year of confinement and cannot impose a dishonorable discharge.

Trial Years

The first case was tried in May 2017, and the next did not come until 2021. From then on there were 4 in 2021, 1 in 2022, 4 in 2023, 3 in 2024, 2 in 2025, and 1 in the partial year 2026. Resisting apprehension has been numbered Article 87a since 2019.

Rules and Gaps

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 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 place each case under one set of rules.

The evidence, the plea terms, nonjudicial punishment, and administrative separation are outside these records.

For what the offense covers and how it is defended, see Article 134 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

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.