> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Aggravated Assault Sentences in 2021: Federal Court vs. Courts-Martial - URL: https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2021/ - Published: 2026-11-03T06:10:15.000Z - Updated: 2026-11-03T06:10:15.000Z - Description: Courts-martial recorded 50 aggravated assault convictions under Article 128 with 2021 trial dates, and the median confinement was 10 months. In federal fiscal year 2021, 406 people were sentenced under guideline §2A2.2, with a median prison term of 37 months. In both systems, the median sentence aft - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Federal [Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Aggravated Assault](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-article-128/) › Aggravated Assault: 2021 **In brief:** Courts-martial recorded 50 aggravated assault convictions under Article 128 with 2021 trial dates, and the median confinement was 10 months. In federal fiscal year 2021, 406 people were sentenced under guideline §2A2.2, with a median prison term of 37 months. In both systems, the median sentence after a contested case or trial was higher than after a guilty plea. Updated November 3, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results This post uses the U.S. Sentencing Commission's records of 406 people sentenced in federal court in fiscal year 2021, 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](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/). ## Plea or Trial: What the 2021 Sentences Show All 50 court-martial convictions had a plea recorded. 33 of them (66%) were guilty pleas. The median confinement after a guilty plea was 7.4 months, across 30 cases with confinement. Contested cases that ended in conviction had a median of 17.7 months, across 15 cases with confinement. A contested case is one where the accused pleaded not guilty to some or all charges. Federal court showed a similar direction with larger numbers. 387 of 406 (95%) pleaded guilty, with a median prison term of 37 months. The 19 people convicted after a trial had a median of 115 months. These medians compare groups, not matched cases. The records do not show whether trial cases involved more serious facts. ## Overall Sentence Lengths 45 of the 50 court-martial convictions with a sentence recorded (90%) included confinement. The median was 10 months, and a quarter received 17.7 months or more. In federal court, 393 of the 406 (97%) received a prison term and 11 (3%) received probation only. Among those sent to prison, the median was 37 months (3.1 years). A quarter received 60 months or more, and a quarter received 24 months or less. The federal median prison term was higher than the court-martial median confinement. | | Courts-martial, 2021 | Federal court, FY2021 | | ---------------------------------- | ----------------------------------- | ----------------------------------- | | Convictions or people sentenced | 50 | 406 | | Sentenced to confinement or prison | 90% | 97% | | Median confinement or prison | 10 months | 37 months | | A quarter received this or more | 17.7 months | 60 months | | Pleaded guilty | 33 of 50 with a plea recorded (66%) | 95% | | Mandatory minimum applied | See the caveats | 22 of 402 with the information (5%) | ## Army Cases Enter the Count Army court-martial records in this data start in 2020\. For 2021, the Army had 11 convictions, the Air Force 19, the Navy 9, and the Marine Corps 11. 34 of the 50 convictions (68%) were at a general court-martial. ## Discharges and Dismissals 47 enlisted members were convicted. 36 of them received a punitive discharge (77%): 9 dishonorable discharges and 27 bad-conduct discharges. 3 officers were convicted, and 1 was dismissed. Dismissal is the punitive separation that applies to officers. Federal court has no equivalent sanction. Supervised release after prison was ordered for 378 people (93%), and the median term was 36 months. ## Federal Guidelines, Minimums, and Money Penalties 404 federal cases had information on the guideline range. Of those, 45% (183) were within the range. 24% (96) were below it at the government's request, 23% (92) were below it without a government request, and 8% (33) were above it. A mandatory minimum prison term applied to 22 people (5%). A fine was ordered for 9 (2%) and restitution for 75 (18%). 91% of guilty pleas had a written plea agreement, and 9% had none. In criminal history, 36% were in category I and 15% in category VI. Court-martial records contain no criminal history field. ## Where 2021 Sits in the Longer Run Across trial dates from 2016 to 2025, the court-martial records list 214 aggravated assault convictions, with 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. Each federal year is shown in the table. | 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% | ## Different Years, Different Measures Federal fiscal year 2021 ran from October 1, 2020 to September 30, 2021\. The court-martial numbers cover calendar year 2021 by trial date. Court-martial sentences are as adjudged, before any clemency or appeal. Federal terms are as imposed, not time served. Neither record explains the facts of the offenses or the reasons a case was tried where it was. ### How We Counted Courts-martial with a trial date in 2021 ending in a conviction for aggravated assault (Article 128) (50). Federal: people sentenced in fiscal year 2021 under guideline §2A2.2 (aggravated assault) (406), 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](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article) - [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts) - [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method) - [Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-article-128/) (overview) - [Aggravated Assault Sentences in 2020: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2020/) (previous or next year) - [Aggravated Assault Sentences in 2022: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2022/) (previous or next year) - [Aggravated Assault Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far](https://www.bodiesburied.com/trends/federal-aggravated-assault-2023-sentencing-reform-so-far/) - [Aggravated Assault: Federal Sentences vs. Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-air-force/) - [Aggravated Assault: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-army/) - [Aggravated Assault: Federal Sentences vs. Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-marine-corps/) - [Aggravated Assault: Federal Sentences vs. Navy Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-navy/) - [Aggravated Assault: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina](https://www.bodiesburied.com/trends/federal-aggravated-assault-camp-lejeune-vs-eastern-district-of-north-carolina/) - [Aggravated Assault: Courts-Martial at Camp Pendleton vs. Federal Court in the Southern District of California](https://www.bodiesburied.com/trends/federal-aggravated-assault-camp-pendleton-vs-southern-district-of-california/) - [Army Article 128 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-128-trend-2021-2025/) (court-martial data) - [Article 128 Sentences in the Army: Confinement and Discharges, 2021–2025](https://www.bodiesburied.com/trends/army-article-128-sent-2021-2025/) (court-martial data) - [How Often Are Contested Army Article 128 Cases Acquitted?](https://www.bodiesburied.com/trends/army-article-128-acq-2021-2025/) (court-martial data) - [When Army Accused Plead Guilty to Assault](https://www.bodiesburied.com/trends/army-article-128-plea-2021-2025/) (court-martial data) - [Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-128-trend-2016-2025/) (court-martial data) - [What Sentence Follows an Air Force Assault Conviction?](https://www.bodiesburied.com/trends/air-force-article-128-sent-2016-2025/) (court-martial data) - [Pleading Guilty to Article 128 in the Air Force: What Sentences Followed?](https://www.bodiesburied.com/trends/air-force-article-128-plea-2016-2025/) (court-martial data) - [Navy-Marine Corps Article 128 Cases by the Numbers, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-128-trend-2017-2025/) (court-martial data) - [What Sentence Follows a Navy-Marine Corps Assault Conviction?](https://www.bodiesburied.com/trends/navy-marine-corps-article-128-sent-2017-2025/) (court-martial data) - [Not Guilty Pleas in Navy-Marine Corps Article 128 Cases: What Happened at Trial](https://www.bodiesburied.com/trends/navy-marine-corps-article-128-acq-2017-2025/) (court-martial data) - [Guilty Pleas in Navy-Marine Corps Assault Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/navy-marine-corps-article-128-plea-2017-2025/) (court-martial data) - [Article 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (court-martial data) - [Article 128 UCMJ: Assault, Aggravated Assault, and Strangulation](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com) (law firm reference page) - [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source) - [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (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](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.