Guilty Pleas in Navy-Marine Corps Assault Cases: How Often, and What Came Next

Trends › By Offense › Article 128 › Guilty Pleas in Navy-Marine Corps Assaul

Based on 413 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

A Broad Charge, Often the Only Charge

Article 128 covers everything from simple assault to aggravated assault with a dangerous weapon or grievous bodily harm. These 413 cases include that full range.

Assault was often the only charge: 185 of the 413 cases charged Article 128 by itself. In the other cases, the most common other charge was Article 120 (sexual assault), in 63 cases, followed by Article 92 (orders violation) in 51, Article 134 (the general article) in 37, Article 80 (attempt) in 29, and Article 112a (drugs) in 28.

When assault is charged with sexual assault or domestic violence, the assault charge can describe part of the same incident. A sentence covers every charge, so the figures here include the full sentence in those cases.

Sentences About the Same as Other Guilty Pleas

Of 413 convictions, 356 included confinement. The median confinement was 5 months, about the same as the 6-month median for all Navy and Marine Corps guilty pleas in those years. A quarter of sentences were 1 year or longer.

These are adjudged sentences, as announced at trial before any plea-agreement cap, clemency, or appeal.

Length of Confinement

Sentence lengths were about the same as for all Navy and Marine Corps guilty pleas. 57 convictions (14%) had no confinement, compared with 15%. Terms under 6 months were 44%, compared with 40%. Terms from 6 months to 1 year were 25%, compared with 24%.

71 of 413 convictions (17%) included confinement longer than one year, slightly less often than the 21% for all Navy and Marine Corps guilty pleas. Terms above 1 year and under 5 years were 12%, compared with 16%. Terms of 5 years or more were 5% in both groups.

General Versus Special Courts-Martial

254 of the cases were special courts-martial and 159 were general courts-martial. The general court-martial share was 38%. A general court-martial can impose any lawful sentence. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Sentences differed by level. At general courts-martial, 94% of convictions included confinement, and the median was 1 year. At special courts-martial, 81% included confinement, and the median was 3 months.

Discharges and Dismissals

Of 388 convicted enlisted members, 208 received a punitive discharge: 163 bad-conduct discharges and 45 dishonorable discharges. That 54% rate compares with 60% for all Navy and Marine Corps guilty pleas.

Among 15 convicted officers or warrant officers, 4 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Who Was Accused

Among the accused with rank recorded, 259 were junior enlisted, 129 were NCOs, and 15 were officers. This rank mix is about the same as for all Navy and Marine Corps guilty pleas in those years.

The Most Cases Were in 2021

The trials took place from January 2017 to December 2025. The count was 55 in 2017, 36 in 2018, 42 in 2019, 32 in 2020, and 73 in 2021. It was 55 in 2022, 53 in 2023, 36 in 2024, and 31 in 2025.

Norfolk, Virginia had the most cases (65), followed by San Diego, California (49), Camp Lejeune, North Carolina (45), Camp Pendleton, California (41), and Bremerton, Washington (32). Those five account for 56% of the 413. Larger installations try more cases of every kind, so a high count does not show a particular assault problem.

Rule Changes

The Military Justice Act of 2016 took effect on January 1, 2019. It introduced written plea agreements, fixed panel sizes, and judge-alone special courts-martial capped at six months with no punitive discharge. Offenses from before 2019 kept the old rules.

Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. Assault under Article 128 is not itself covered, but special trial counsel who take a covered offense can also take related charges, such as an assault tied to a domestic violence allegation. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records do not give offense dates, so they cannot sort cases by which rules applied or show whether either change affected sentences.

What the Records Do Not Show

The records do not describe injuries, weapons, or the evidence. They omit plea terms. Assaults handled through nonjudicial punishment, administrative separation, or no action are not counted.

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.