Assault at Navy-Marine Corps Courts-Martial, 2022: The Year in Numbers

Trends › By Offense › Article 128 › Navy-Marine Corps, 2022

Based on 79 cases · 2022 · Navy and Marine Corps records · data updated October 24, 2026

Fewer Cases Than in 2021

The records hold 79 courts-martial from 2022 that charged Article 128 (assault), tried between January and December. The year before had 133. The comparison table below shows how other measures changed.

The contested share went from 43% to 30%, and the general court-martial share went from 53% to 37%. Median confinement went from 6 months to 5 months. Enlisted punitive discharges went from 57% to 55%, and convictions with confinement went from 86% to 81%. Full acquittals went from 24 of 55 contested cases that reached a verdict to 6 of 24. A few cases can change numbers like these, so they show direction only.

Most Cases Were Guilty Pleas

Of the 79 cases, 55 ended in guilty pleas and 24 were contested. A case is contested when the accused pleads not guilty to at least one charge, including a mixed plea. The 30% contested share was slightly lower than the 33% for all Navy and Marine Corps cases in 2022. In 2021, the share was 43%.

Contested cases were more common at general courts-martial: 55% were contested, compared with 16% of special courts-martial.

Results of Contested Cases

Among the 24 contested cases that reached a verdict, 6 ended in a full acquittal (25%). That is higher than the 20% for all Navy and Marine Corps cases in 2022.

Another 5 cases ended in a partial acquittal: not guilty of at least one charge or specification and guilty of another. Those cases still went on to sentencing.

Most Confinement Was Short

81% of the 73 convictions included confinement, and the median confinement was 5 months. 30 convictions (41%) included under 6 months and 21 (29%) included 6 months to 1 year. 14 (19%) had no confinement.

Long terms were rare. Only 8 of 73 convictions (11%) included more than one year, compared with 20% for all Navy and Marine Corps cases. Of those, 6 were between 1 and 5 years and 2 were 5 years or more. 1 of those was a life sentence. All figures are adjudged at trial, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Most Cases Were Special Courts-Martial

Of the 79 cases, 50 were special courts-martial and 29 were general courts-martial. A special court-martial caps confinement at one year and cannot adjudge a dishonorable discharge. A general court-martial can impose any lawful sentence.

The general court-martial share, 37%, was lower than the 42% for all Navy and Marine Corps cases in 2022. Median confinement was 9 months at general courts-martial and 3 months at special courts-martial.

Most Discharges Were Bad-Conduct Discharges

Of 65 convicted enlisted members, 36 received a punitive discharge: 33 bad-conduct discharges and 3 dishonorable discharges. That 55% rate was lower than the 64% for all Navy and Marine Corps cases in 2022. Only a general court-martial can adjudge a dishonorable discharge.

The records list 5 convicted officers or warrant officers, and 1 was dismissed. Even without a punitive discharge, a service member may face administrative separation afterward.

Assault Was Often the Only Charge

Article 128 was the only charge in 33 of the 79 cases. When other articles were charged, the most common were Article 120 (sexual assault) in 13, Article 92 (orders violation) in 11, Article 134 (general article) in 7, Article 129 (burglary and unlawful entry) in 6, and Article 131b (obstruction) in 4.

The sentence covers all of the charges. The records do not show whether an assault charge and a sexual assault charge describe the same incident.

Who Faced Trial, and Where

Junior enlisted members (E-1 to E-4) made up 55% of the accused, NCOs 38%, and officers 7%. For all Navy and Marine Corps cases in 2022, junior enlisted members were 65%, so this group was more senior.

Norfolk, Virginia had 16 cases, Camp Lejeune, North Carolina had 11, Camp Pendleton, California had 9, Jacksonville, Florida had 8, and Okinawa, Japan had 5. Together they account for 62% of the 79 cases. Larger installations try more cases of every kind.

What the Records Do Not Show

Assault is not itself a covered offense under the special trial counsel reforms, though that counsel can take an assault linked to a covered offense, such as one tied to a domestic violence allegation.

The records show trial dates, not offense dates. They omit the evidence and plea terms. Conduct handled by nonjudicial punishment or administrative separation does not appear.

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.