Aggravated Assault Sentences in 2024: Federal Court vs. Courts-Martial
Of 28 enlisted members convicted of aggravated assault under Article 128 at courts-martial in 2024, 14 (50%) received a punitive discharge, and the median confinement was 6 months. Federal court sentenced 583 people under guideline §2A2.2 in fiscal year 2024, with a median prison term of 40 months.
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In brief: Of 28 enlisted members convicted of aggravated assault under Article 128 at courts-martial in 2024, 14 (50%) received a punitive discharge, and the median confinement was 6 months. Federal court sentenced 583 people under guideline §2A2.2 in fiscal year 2024, with a median prison term of 40 months. The court-martial median was lower than the federal median.
This post uses the U.S. Sentencing Commission's records of 583 people sentenced in federal court in fiscal year 2024, 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.
Discharges at 2024 Courts-Martial
A punitive discharge is a separation from the service imposed as part of a court-martial sentence. In 2024, 14 of the 28 enlisted members convicted received 1: 5 dishonorable discharges and 9 bad-conduct discharges.
All 28 people convicted were enlisted. 16 of the 28 convictions (57%) were at a general court-martial, the highest level of military trial court.
The services were the Army with 11 convictions, the Air Force with 6, the Marine Corps with 6, and the Navy with 5.
Confinement and Prison Terms
25 of the 28 court-martial convictions with a sentence recorded (89%) included confinement. The median adjudged confinement was 6 months. A quarter received 31 months or more.
In federal court, 564 of the 583 (97%) received a prison term, and 17 (3%) received probation only. The median term for those sent to prison was 40 months (3.3 years). A quarter received 66 months or more, and a quarter received 24 months or less.
The court-martial figures are sentences as adjudged, before clemency or appeal. The federal figures are terms imposed, not time served.
| Courts-martial, 2024 | Federal court, FY2024 | |
|---|---|---|
| Convictions or people sentenced | 28 | 583 |
| Sentenced to confinement or prison | 89% | 97% |
| Median confinement or prison | 6 months | 40 months |
| A quarter received this or more | 31 months | 66 months |
| Pleaded guilty | 17 of 28 with a plea recorded (61%) | 91% |
| Mandatory minimum applied | See the caveats | 40 of 575 with the information (7%) |
Did Contested Cases Get Longer Sentences?
Not at courts-martial in 2024. 17 of the 28 convictions (61%) were guilty pleas, with a median confinement of 6.5 months across 16 cases with confinement. Contested cases ending in conviction had a lower median of 4.9 months, across 9 cases with confinement.
Federal court showed the opposite. 532 of 583 (91%) pleaded guilty, with a median prison term of 37 months. The 51 people convicted after a trial had a median of 93 months, based on 50 who were sent to prison.
With 9 and 16 court-martial cases, the military medians cover very few sentences. They do not show a general rule.
Federal Sentences Measured Against the Guidelines
582 federal cases had guideline range information. 43% (250) were within the range, and 13% (73) were above it.
Of the sentences below the range, 19% (112) were at the government's request and 25% (147) were without a government request.
A mandatory minimum prison term applied to 40 people (7%). 87% of guilty pleas had a written plea agreement, and 13% were straight pleas.
Other Federal Sentence Terms
Supervised release after prison was ordered for 547 people (94%), with a median term of 36 months. 1 person (less than 1%) received supervised release for life.
Restitution was ordered for 163 (28%) and a fine for 25 (4%). 46% were in criminal history category I and 10% in category VI. Court-martial records have no criminal history field to compare.
The Federal Yearly Counts
The 583 people sentenced in fiscal year 2024 is the highest yearly count in the table below. Across fiscal years 2016 to 2025, federal court sentenced 4,493 people, with a median prison term of 40 months. The court-martial records hold 214 convictions with trial dates from 2016 to 2025, with a median confinement of 11.3 months.
| 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% |
Limits on This Comparison
Federal fiscal year 2024 ran from October 1, 2023 to September 30, 2024. The court-martial count is calendar year 2024 by trial date.
The records do not show the details of each assault or the other charges in a case. They cannot show why contested court-martial cases had a lower median this year.
How We Counted
Courts-martial with a trial date in 2024 ending in a conviction for aggravated assault (Article 128) (28). Federal: people sentenced in fiscal year 2024 under guideline §2A2.2 (aggravated assault) (583), 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 2023: Federal Court vs. Courts-Martial (previous or next year)
- Aggravated Assault Sentences in 2025: 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.