Aggravated Assault Sentences in 2019: Federal Court vs. Courts-Martial
Federal court sentenced 413 people under the aggravated assault guideline (§2A2.2) in fiscal year 2019, and the median prison term was 40 months. Courts-martial with 2019 trial dates recorded 13 aggravated assault convictions under Article 128, with a median confinement of 11.4 months. The federal m
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In brief: Federal court sentenced 413 people under the aggravated assault guideline (§2A2.2) in fiscal year 2019, and the median prison term was 40 months. Courts-martial with 2019 trial dates recorded 13 aggravated assault convictions under Article 128, with a median confinement of 11.4 months. The federal median was higher, though the military count is small and the 2 systems record different things.
This post uses the U.S. Sentencing Commission's records of 413 people sentenced in federal court in fiscal year 2019, 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.
Federal Court in Fiscal Year 2019
Of the 413 people sentenced, 396 (96%) received a prison term. 14 (3%) received probation only, with no prison or other confinement.
Among those sent to prison, the median term was 40 months (3.3 years). A quarter received 68 months or more, and a quarter received 24 months or less.
387 of 413 (94%) pleaded guilty. The remaining 26 were convicted after a trial. Their median prison term was 88.5 months, compared with 37 months after a guilty plea.
| Courts-martial, 2019 | Federal court, FY2019 | |
|---|---|---|
| Convictions or people sentenced | 13 | 413 |
| Sentenced to confinement or prison | 92% | 96% |
| Median confinement or prison | 11.4 months | 40 months |
| A quarter received this or more | 60 months | 68 months |
| Pleaded guilty | 2 of 5 with a plea recorded (2 of 5) | 94% |
| Mandatory minimum applied | See the caveats | 22 of 405 with the information (5%) |
Courts-Martial With 2019 Trial Dates
The 13 convictions came from the Air Force (10), the Navy (2), and the Marine Corps (1). Army court-martial records in this data start in 2020, so 2019 includes no Army cases.
12 of the 13 convictions with a sentence recorded (92%) included confinement. The median adjudged confinement was 11.4 months, and a quarter of the sentences were 60 months or more.
9 of the 13 convictions (69%) were at a general court-martial. A general court-martial is the trial level that can impose the most serious sentences.
Discharges for Enlisted Members and Officers
11 of those convicted were enlisted. 10 of them received a punitive discharge (91%): 4 dishonorable discharges and 6 bad-conduct discharges.
2 officers were convicted, and 1 was dismissed. A dismissal is the punitive separation for an officer.
Federal sentences have no discharge. Instead, 384 people (93%) were ordered to serve supervised release after prison, with a median term of 36 months. 1 person (less than 1%) received supervised release for life.
How Plea Type Relates to Military Sentences
The records list a plea for 5 of the 13 court-martial convictions. 2 of those 5 were guilty pleas.
The median confinement after a guilty plea was 24 months, based on 1 case with confinement. In contested cases that ended in conviction, the median was 95.9 months, based on 3 cases with confinement.
A contested case is one where the accused pleaded not guilty to at least part of the charges. With 1 and 3 cases, these medians describe only those cases.
The Guideline Range and Federal Extras
For all 413 federal cases, 45% of sentences (185) were within the guideline range. Below-range sentences came at the government's request in 23% (94) and without one in 24% (99). 8% (35) were above the range.
A mandatory minimum prison term applied to 22 people (5%). Restitution was ordered for 87 (21%) and a fine for 17 (4%).
Written plea agreements were part of 89% of guilty pleas. The other 11% were straight pleas.
In criminal history, 38% were in category I and 13% in category VI. Court-martial records have no such field, so prior records cannot be compared.
Context From All Years
The court-martial data holds 214 aggravated assault convictions from 2016 to 2025, with a median confinement of 11.3 months. Federal court sentenced 4,493 people in fiscal years 2016 to 2025, with a median of 40 months. The table below lists each federal fiscal year.
| 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% |
Cautions Before Comparing
Federal fiscal year 2019 began October 1, 2018 and ended September 30, 2019. The court-martial numbers follow calendar year 2019 by trial date.
Military confinement here is the sentence adjudged at trial, before clemency or appeal. Federal terms are as imposed, not time served. The data does not show the facts behind any assault or why it was charged in 1 system and not the other.
How We Counted
Courts-martial with a trial date in 2019 ending in a conviction for aggravated assault (Article 128) (13). Federal: people sentenced in fiscal year 2019 under guideline §2A2.2 (aggravated assault) (413), 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 2018: Federal Court vs. Courts-Martial (previous or next year)
- Aggravated Assault Sentences in 2020: 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.