How Navy-Marine Corps Assault Cases Ended in 2020

Trends › By Offense › Article 128 › Navy-Marine Corps, 2020

Based on 135 cases · 2020 · Navy and Marine Corps records · data updated October 24, 2026

Almost Every Conviction Included Confinement

Of 117 convictions in 2020, 93% included confinement. Only 8 convictions (7%) had none, compared with 15% for all Navy and Marine Corps cases that year. The median confinement was 9 months, compared with 6 months for all Navy and Marine Corps cases.

These are adjudged sentences: what the court announced at trial, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, not only the assault charge.

Length of Confinement

39 of 117 convictions (33%) included confinement longer than one year, compared with 26% for all Navy and Marine Corps cases. Of those, 30 included between 1 and 5 years and 9 included 5 years or more. 37 convictions (32%) included under 6 months and 33 (28%) included 6 months to 1 year.

Terms longer than one year depend on court level. A special court-martial cannot adjudge more than one year of confinement or a dishonorable discharge. A general court-martial can impose any lawful sentence.

General Versus Special Courts-Martial

The 2020 cases were 69 general courts-martial and 66 special courts-martial. General courts-martial made up 51% of the total. At general courts-martial, the median confinement was 1.5 years, and 60% of cases were contested.

At special courts-martial, the median confinement was 4 months, and 27% of cases were contested. The court level sets the maximum punishment.

Pleas and Verdicts

Only 62 of the 135 records list the plea, because Navy and Marine Corps records before December 2020 often leave it out. Among those 62, 32 accused pleaded guilty and 30 contested at least one charge. That makes 48% contested, compared with 30% for all Navy and Marine Corps cases in 2020.

A contested case is one where the accused pleads not guilty to at least one charge, either fully or through a mixed plea. Of the 30 contested cases that reached a verdict, 17 ended in a full acquittal (57%), compared with 34% for all Navy and Marine Corps cases. Another 2 ended in a partial acquittal: not guilty of at least one charge and guilty of another.

Discharges for Enlisted Members and Officers

67% of enlisted convictions included a punitive discharge: 46 bad-conduct discharges and 28 dishonorable discharges. The rate for all Navy and Marine Corps cases in 2020 was 62%.

Officers face dismissal instead. The records list 3 convicted officers or warrant officers, and 2 were dismissed. When no punitive discharge was adjudged, an administrative separation could still follow outside the court-martial.

Compared With the Year Before

There were 147 cases in 2019 and 135 in 2020. Median confinement went from 8 months to 9 months. The share of convictions with confinement went from 84% to 93%, and enlisted punitive discharges went from 60% to 67%. The contested share went from 46% to 48%.

Other measures went down. Full acquittals went from 23 of 36 contested cases that reached a verdict to 17 of 30. The general court-martial share went from 60% to 51%. In groups this size, a few cases can change any of these figures.

Other Charges in the Same Cases

Article 128 was the only charge in 42 of 135 cases. The rest charged other articles. The most common was Article 120 (sexual assault), in 47, then Article 92 (orders violation) in 19, Article 120b (child sexual abuse) in 16, and Article 134 (general article) and Article 80 (attempt) in 13 each.

The sentence covers the full case. The records do not show whether an assault charge and a sexual assault charge describe the same incident.

Who Was Tried, and Where

Among the accused with rank recorded, 84 were junior enlisted (E-1 to E-4), 39 were NCOs (E-5 to E-9), and 5 were officers or warrant officers. This rank mix is about the same as for all Navy and Marine Corps cases in 2020, where 64% were junior enlisted.

Camp Pendleton, California had 23 of these cases, Camp Lejeune, North Carolina had 14, Norfolk, Virginia had 10, and Okinawa, Japan and Jacksonville, Florida had 9 each. Together those installations account for 48% of the total. Larger installations try more cases of every kind, so a high count alone says little about any single base.

What the Records Do Not Show

Assault is not a covered offense under the later special trial counsel system, although that counsel can take an assault tied to a covered offense. Those rules took effect after these trials.

The data includes only cases that went to court-martial. Nonjudicial punishment, administrative separations, and allegations that led to no action are not included. The records do not describe the evidence or any plea terms.

For what the offense covers and how it is defended, see Article 128 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025

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.