Aggravated Assault Sentences in 2018: Federal Court vs. Courts-Martial
In 2018, 10 aggravated assault convictions under Article 128 had a median adjudged confinement of 42 months (3.5 years), and 1 included confinement for life. In federal court in fiscal year 2018, 398 people were sentenced under guideline §2A2.2, with a median prison term of 39.5 months (3.3 years).
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In brief: In 2018, 10 aggravated assault convictions under Article 128 had a median adjudged confinement of 42 months (3.5 years), and 1 included confinement for life. In federal court in fiscal year 2018, 398 people were sentenced under guideline §2A2.2, with a median prison term of 39.5 months (3.3 years). The court-martial median was higher that year, but it is based on 10 cases.
This post uses the U.S. Sentencing Commission's records of 398 people sentenced in federal court in fiscal year 2018, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Was Military Confinement Longer in 2018?
By the medians, yes, for this 1 year. The court-martial median of 42 months was higher than the federal median of 39.5 months.
The court-martial sentences also extended further at the top. A quarter of them were 74.9 months or more, and 1 was confinement for life. In federal court, a quarter of prison terms were 64 months or more and a quarter were 25.8 months or less.
9 of the 10 court-martial convictions with a sentence recorded (90%) included confinement. In federal court, 388 of 398 (97%) received a prison term, and 9 (2%) received probation only.
| Courts-martial, 2018 | Federal court, FY2018 | |
|---|---|---|
| Convictions or people sentenced | 10 | 398 |
| Sentenced to confinement or prison | 90% | 97% |
| Median confinement or prison | 42 months | 39.5 months |
| A quarter received this or more | 74.9 months | 64 months |
| Pleaded guilty | 1 of 3 with a plea recorded (1 of 3) | 94% |
| Mandatory minimum applied | See the caveats | 27 of 394 with the information (7%) |
A Group of 10 Cases
The 2018 court-martial convictions came from the Air Force (7) and the Marine Corps (3). Army records in this data begin in 2020, so no Army cases are counted for 2018.
A median taken from 10 sentences can change a lot when 1 or 2 cases change. A higher median in a single small year is not evidence of a pattern.
Federal Sentences Against the Guideline Range
The federal sentencing guidelines produce a recommended range for each case. In fiscal year 2018, 50% of these sentences (200) were within that range.
Below-range sentences were split between 2 kinds. 20% (80) were below the range at the government's request, and 21% (84) were below it without a government request. 9% (34) were above the range.
A mandatory minimum prison term applied to 27 people (7%). Restitution was ordered for 95 (24%) and a fine for 15 (4%).
Discharges and General Courts-Martial
All 10 convicted service members were enlisted. 8 of them received a punitive discharge (80%): 6 dishonorable discharges and 2 bad-conduct discharges.
8 of the 10 convictions (80%) were at a general court-martial. A special court-martial is a lower-level court with lower sentence limits.
After federal prison, 363 people (91%) were ordered to serve supervised release. The median supervised release term was 36 months.
Guilty Pleas Versus Trials
The court-martial records list a plea for only 3 of the 10 convictions, and 1 of those 3 was a guilty plea. That is too few to compare sentences by plea.
In federal court, 373 of 398 (94%) pleaded guilty and 25 were convicted after a trial. The median prison term was 37 months after a guilty plea. After a trial, it was 98 months, based on 24 people convicted at trial and sent to prison.
90% of federal guilty pleas had a written plea agreement, and 10% were straight pleas with no agreement. In criminal history, 39% were in category I, the lowest, and 14% in category VI, the highest. Courts-martial do not record criminal history.
The Full 2016 to 2025 Period
For 2016 to 2025 together, the court-martial records show 214 convictions and a median confinement of 11.3 months. Federal court sentenced 4,493 people in fiscal years 2016 to 2025, with a median prison term of 40 months. The 2018 numbers are 1 year inside those totals.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 365 | 36.9 months | 95% |
| 2017 | 383 | 37 months | 96% |
| 2018 | 398 | 39.5 months | 94% |
| 2019 | 413 | 40 months | 94% |
| 2020 | 341 | 40 months | 96% |
| 2021 | 406 | 37 months | 95% |
| 2022 | 524 | 41 months | 94% |
| 2023 | 525 | 43 months | 93% |
| 2024 | 583 | 40 months | 91% |
| 2025 | 555 | 41 months | 91% |
What the Data Leaves Out
Federal fiscal year 2018 ran from October 1, 2017 to September 30, 2018. The court-martial year is calendar year 2018 by trial date, so the time periods do not match.
Court-martial confinement is as adjudged, before clemency or appeal. Federal prison terms are as imposed, not time served. The records do not describe the assaults, the harm caused, or the other charges in each case.
How We Counted
Courts-martial with a trial date in 2018 ending in a conviction for aggravated assault (Article 128) (10). Federal: people sentenced in fiscal year 2018 under guideline §2A2.2 (aggravated assault) (398), U.S. Sentencing Commission.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
Who is in each set of numbers. The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.
Different cases reach each system. Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts.
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Military confinement credit and parole. For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served.
Military sentences include punishments federal sentences do not. A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
Offense categories do not line up exactly. Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025 (overview)
- Aggravated Assault Sentences in 2017: Federal Court vs. Courts-Martial (previous or next year)
- Aggravated Assault Sentences in 2019: Federal Court vs. Courts-Martial (previous or next year)
- Aggravated Assault Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Aggravated Assault: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Aggravated Assault: Federal Sentences vs. Army Courts-Martial
- Aggravated Assault: Federal Sentences vs. Marine Corps Courts-Martial
- Aggravated Assault: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Aggravated Assault: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina
- Aggravated Assault: Courts-Martial at Camp Pendleton vs. Federal Court in the Southern District of California
- Army Article 128 Cases by the Numbers, 2021–2025 (court-martial data)
- Article 128 Sentences in the Army: Confinement and Discharges, 2021–2025 (court-martial data)
- How Often Are Contested Army Article 128 Cases Acquitted? (court-martial data)
- When Army Accused Plead Guilty to Assault (court-martial data)
- Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025 (court-martial data)
- What Sentence Follows an Air Force Assault Conviction? (court-martial data)
- Pleading Guilty to Article 128 in the Air Force: What Sentences Followed? (court-martial data)
- Navy-Marine Corps Article 128 Cases by the Numbers, 2017–2025 (court-martial data)
- What Sentence Follows a Navy-Marine Corps Assault Conviction? (court-martial data)
- Not Guilty Pleas in Navy-Marine Corps Article 128 Cases: What Happened at Trial (court-martial data)
- Guilty Pleas in Navy-Marine Corps Assault Cases: How Often, and What Came Next (court-martial data)
- Article 128 (Assault): Court-Martial Data and Trends (court-martial data)
- Article 128 UCMJ: Assault, Aggravated Assault, and Strangulation (law firm reference page)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
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.