> ## 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: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025 - URL: https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-article-128/ - Published: 2026-11-03T01:37:46.000Z - Updated: 2026-11-03T06:56:34.000Z - Description: From 2016 to 2025, the median confinement for a court-martial conviction of aggravated assault under Article 128 was 11.3 months, based on 214 convictions. In federal court, the median prison term was 40 months, based on 4,493 people sentenced under guideline §2A2.2 in fiscal years 2016 to 2025. The - 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 **In brief:** From 2016 to 2025, the median confinement for a court-martial conviction of aggravated assault under Article 128 was 11.3 months, based on 214 convictions. In federal court, the median prison term was 40 months, based on 4,493 people sentenced under guideline §2A2.2 in fiscal years 2016 to 2025\. The groups differ in size, in how cases are selected, and in how often defendants plead guilty, so the gap is a description and not a measure of fairness. Updated November 2, 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 4,493 people sentenced in federal court in fiscal years 2016 to 2025, 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/). ## What Was Counted The court-martial records list 214 convictions for aggravated assault under Article 128 with trial dates from 2016 to 2025\. By service, there were 59 in the Army, 81 in the Air Force, 29 in the Navy, and 45 in the Marine Corps. The federal data from the U.S. Sentencing Commission covers everyone sentenced under guideline §2A2.2 (aggravated assault) in fiscal years 2016 to 2025\. That is 4,493 people. Federal fiscal years run from October 1 to September 30, while the court-martial numbers are by trial date. Both sources count only people who were convicted. Acquittals and dismissals are not in either set of numbers. | | Courts-martial, 2016–2025 | Federal court, FY2016–FY2025 | | ---------------------------------- | ------------------------------------- | ---------------------------- | | Convictions or people sentenced | 214 | 4,493 | | Sentenced to confinement or prison | 91% | 97% | | Median confinement or prison | 11.3 months | 40 months | | A quarter received this or more | 30 months | 63 months | | Pleaded guilty | 115 of 185 with a plea recorded (62%) | 93% | | Mandatory minimum applied | See the caveats | 6% | ## Confinement and Prison Terms Of the 214 court-martial convictions, 195 had a sentence recorded that included confinement (91%). The median adjudged confinement was 11.3 months, and a quarter of the sentences were 30 months or more. One conviction carried confinement for life. In federal court, 4,340 of the 4,493 people (97%) received a prison term, and 120 (3%) received probation only. Among those sent to prison, the median prison term was 40 months, or 3.3 years. A quarter received 63 months or more, and a quarter received 24 months or less. Court-martial sentences are the sentences adjudged at trial, before any clemency or appeal. Federal prison terms are the terms imposed, not the time served. ## Discharges and Court-Martial Level Federal court has no counterpart to a punitive discharge. In the court-martial records, 155 of the 205 enlisted members convicted received one (76%). There were 57 dishonorable discharges and 98 bad-conduct discharges. Of the 9 officers convicted, 3 were dismissed. A total of 147 of the 214 convictions (69%) were at a general court-martial. ## Guilty Pleas and Trials Federal aggravated assault cases almost always ended in a guilty plea: 4,200 of 4,493 (93%). Only 293 people were convicted after a trial. Among the guilty pleas, 89% had a written plea agreement. The court-martial records show a plea for 185 convictions, and 115 of them (62%) were guilty pleas. Guilty pleas are therefore much less common in the court-martial group than in the federal group. The median confinement after a guilty plea was 9.4 months in courts-martial, based on 106 cases with confinement. In contested cases that ended in conviction, it was 14.8 months, based on 59 cases. Federally, the median prison term was 37 months after a guilty plea and 78 months after a trial, based on 290 people convicted at trial and sent to prison. ## Results Differ by Service and by Period The service table shows medians from 8 months in the Army to 13.8 months in the Air Force. The Air Force also had the lowest share of guilty pleas where a plea was recorded, at 50%, and the Marine Corps had the highest at 74%. The groups are small, so these differences should be read with care. The court-martial median for trials in 2016 to 2019 was 24 months, based on 39 cases with confinement. For trials in 2020 to 2025, it was 9.9 months, based on 155 cases. The records show the change but cannot show its cause. The federal yearly medians stayed between 36.9 and 43 months across the 10 fiscal years, as the fiscal-year table below shows. The share of people who pleaded guilty went from 95% in 2016 to 91% in 2025. | Service | Convictions, 2016–2025 | With confinement | Median confinement | Punitive discharge (enlisted) | Guilty pleas (where recorded) | | ------------ | ---------------------- | ---------------- | ------------------ | ----------------------------- | ----------------------------- | | Army | 59 | 90% | 8 months | 72% | 69% | | Air Force | 81 | 95% | 13.8 months | 80% | 50% | | Navy | 29 | 79% | 12 months | 61% | 55% | | Marine Corps | 45 | 93% | 9 months | 82% | 74% | ## Federal Guidelines and Other Federal Features Federal sentences were within the guideline range for 44%. They were below the range at the government's request for 22% and below it without a government request for 23%. Above the range were 11%. A mandatory minimum prison term applied to 264 people (6%). After prison, 4,177 (93%) were ordered to serve supervised release, with a median term of 36 months. Restitution was ordered for 1,104 (25%), and a fine for 175 (4%). In the criminal history data, 41% were in the lowest category and 13% in the highest. Court-martial records have no criminal history field, so that comparison cannot be made. | 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 Records Cannot Show Federal aggravated assault cases arise mostly in Indian Country, federal prisons, and assaults on federal officers. Court-martial cases arise from conduct by service members under military jurisdiction. The groups of cases were not matched, and the records cannot show how a specific case would have been handled in the other system. The records also cannot show the facts behind any sentence, the effect of plea agreements in courts-martial, or the time actually served. ### How We Counted Courts-martial: convictions for aggravated assault (Article 128) with trial dates in 2016 to 2025 (214). Federal: everyone sentenced in fiscal years 2016 to 2025 under guideline §2A2.2 (aggravated assault) (4,493), U.S. Sentencing Commission individual data files. 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. **Federal supervised release.** Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial. **Who decides the sentence, and under what rules.** Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart. **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. **How life sentences and "time served" are counted.** In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less. **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. ### More Detail Aggravated Assault, year by year: [2016](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2016/) · [2017](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2017/) · [2018](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2018/) · [2019](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2019/) · [2020](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2020/) · [2021](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2021/) · [2022](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2022/) · [2023](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2023/) · [2024](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2024/) · [2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-sentences-vs-courts-martial-2025/). Aggravated Assault, by installation: [Camp Lejeune](https://www.bodiesburied.com/trends/federal-aggravated-assault-camp-lejeune-vs-eastern-district-of-north-carolina/) · [Camp Pendleton](https://www.bodiesburied.com/trends/federal-aggravated-assault-camp-pendleton-vs-southern-district-of-california/). ## 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 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 Charges: Federal Trial Acquittals vs. Contested Army Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-acquittal-rate-vs-army/) - [Aggravated Assault Charges: How Often Federal Trials and Courts-Martial End in Acquittal](https://www.bodiesburied.com/trends/federal-aggravated-assault-acquittal-rate-vs-courts-martial/) - [Aggravated Assault Charges: Federal Trial Acquittals vs. Contested Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-acquittal-rate-vs-marine-corps/) - [Aggravated Assault Charges: Federal Trial Acquittals vs. Contested Navy Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-acquittal-rate-vs-navy/) - [Guilty Pleas in Aggravated Assault Cases: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-guilty-plea-rate-vs-courts-martial/) - [Aggravated Assault Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-aggravated-assault-junior-enlisted-vs-federal-court/) - [Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?](https://www.bodiesburied.com/trends/federal-trial-acquittal-rates-vs-courts-martial/) - [Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year](https://www.bodiesburied.com/trends/federal-guilty-plea-rates-vs-courts-martial/) - [Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-child-pornography-sentences-vs-courts-martial/) - [Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare](https://www.bodiesburied.com/trends/federal-no-crime-of-drug-use-article-112a/) - [Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-distribution-importation-vs-article-112a/) - [Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial](https://www.bodiesburied.com/trends/federal-sexual-abuse-adult-vs-article-120/) - [Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial](https://www.bodiesburied.com/trends/federal-child-sexual-abuse-enticement-vs-article-120b/) - [Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-dollar-loss-vs-article-121/) - [Aggravated Assault: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-army/) - [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. Navy Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-navy/) - [Aggravated Assault: Federal Sentences vs. Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-marine-corps/) - [Aggravated Assault: Sentences After a Guilty Plea vs. After Trial, Federal Court and Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-plea-vs-trial-sentences/) - [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.