Aggravated Assault Sentences in 2022: Federal Court vs. Courts-Martial
In federal fiscal year 2022, 524 people were sentenced for aggravated assault under guideline §2A2.2, and 511 of them (98%) received a prison term with a median of 41 months. At courts-martial with 2022 trial dates, 38 people were convicted of aggravated assault under Article 128, and 34 (89%) were
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In brief: In federal fiscal year 2022, 524 people were sentenced for aggravated assault under guideline §2A2.2, and 511 of them (98%) received a prison term with a median of 41 months. At courts-martial with 2022 trial dates, 38 people were convicted of aggravated assault under Article 128, and 34 (89%) were sentenced to confinement with a median of 10.6 months. The federal median was higher.
This post uses the U.S. Sentencing Commission's records of 524 people sentenced in federal court in fiscal year 2022, 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.
Prison and Confinement Rates
Nearly everyone sentenced in either system was confined. The federal rate was 98% (511 of 524), and 9 people (2%) received probation only.
At courts-martial, 34 of the 38 convictions with a sentence recorded (89%) included confinement.
Confinement at a court-martial is the military form of a jail or prison sentence. The court-martial numbers are the sentences adjudged at trial, before any clemency or appeal.
How Long Were the Sentences?
The court-martial median was 10.6 months. A quarter of those convicted received 34.4 months or more.
The federal median was 41 months (3.4 years). A quarter received 67 months or more, and a quarter received 24 months or less.
Federal terms here are the terms imposed by the judge. They are not the time actually served.
| Courts-martial, 2022 | Federal court, FY2022 | |
|---|---|---|
| Convictions or people sentenced | 38 | 524 |
| Sentenced to confinement or prison | 89% | 98% |
| Median confinement or prison | 10.6 months | 41 months |
| A quarter received this or more | 34.4 months | 67 months |
| Pleaded guilty | 24 of 38 with a plea recorded (63%) | 94% |
| Mandatory minimum applied | See the caveats | 21 of 512 with the information (4%) |
Convictions by Service in 2022
The Army had 17 of the 38 convictions, the Air Force 13, the Marine Corps 7, and the Navy 1.
26 of the 38 (68%) were at a general court-martial. 37 of those convicted were enlisted, and 1 was an officer. The officer was not dismissed.
Of the 37 enlisted members, 27 received a punitive discharge (73%). There were 11 dishonorable discharges and 16 bad-conduct discharges.
Guilty Pleas and Contested Cases
At courts-martial, 24 of the 38 convictions (63%) came from guilty pleas. The median confinement after a guilty plea was 9.9 months (22 cases with confinement). After a contested case ending in conviction, it was 14.9 months (12 cases with confinement).
In federal court, 490 of 524 (94%) pleaded guilty and 34 were convicted after a trial. The median prison term was 41 months after a guilty plea and 85.5 months after a trial.
Written plea agreements were part of 88% of federal guilty pleas. 12% were straight pleas with no agreement.
Federal Guideline Positions and Conditions
44% of federal sentences (232) were within the guideline range. 25% (130) were below it at the government's request, 20% (105) were below it without one, and 11% (57) were above it.
A mandatory minimum prison term applied to 21 people (4%). 496 (95%) were ordered to serve supervised release after prison, with a median term of 36 months.
Restitution was ordered for 120 (23%) and a fine for 19 (4%). 35% of those sentenced were in criminal history category I and 16% were in category VI. There is no criminal history field in the court-martial records.
Totals Across 2016 to 2025
For context, the court-martial records list 214 convictions with trial dates 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 prison term of 40 months. The table shows the federal count for each 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% |
What Cannot Be Read From These Numbers
The court-martial count is by calendar year of trial. Federal fiscal year 2022 ran from October 1, 2021 to September 30, 2022.
The data does not show the seriousness of each assault, the injuries involved, or how the cases in 1 system compare with those in the other. A higher median in 1 system does not show that the same conduct would get a longer sentence there.
How We Counted
Courts-martial with a trial date in 2022 ending in a conviction for aggravated assault (Article 128) (38). Federal: people sentenced in fiscal year 2022 under guideline §2A2.2 (aggravated assault) (524), 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 2021: Federal Court vs. Courts-Martial (previous or next year)
- Aggravated Assault Sentences in 2023: 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.