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Navy-Marine Corps Article 128b Cases in 2025

Navy and Marine Corps courts-martial tried 40 cases charging Article 128b (domestic violence) in 2025. The median confinement was 6 months, longer than the 4 months for all Navy and Marine Corps cases. The accused contested 30% of cases, less often than the 37% across the service.

Understanding Trends in Military Practice · 6 min read

Trends › By Offense › Article 128b › Navy-Marine Corps, 2025

Short answer: Navy and Marine Corps courts-martial tried 40 cases charging Article 128b (domestic violence) in 2025. The median confinement was 6 months, longer than the 4 months for all Navy and Marine Corps cases. The accused contested 30% of cases, less often than the 37% across the service.

Based on 40 cases · 2025 · Navy and Marine Corps records · data updated October 24, 2026

Median Confinement Was Longer Than Service-Wide

Of 38 convictions, 28 included confinement. The median confinement was 6 months. That is longer than the 4-month median for all Navy and Marine Corps cases in 2025, and up from 3 months for this offense in 2024.

The difference is in the middle sentence range. Sentences from 6 months to 1 year made up 10 convictions (26%), compared with 16% service-wide. Sentences under 6 months made up 37%, the same as the service. No confinement was imposed in 10 convictions (26%), compared with 31% service-wide.

Adjudged confinementConvictionsShare hereShare, all Navy and Marine Corps cases in 2025
No confinement1026%31%
Under 6 months1437%37%
6 months to 1 year1026%16%
More than 1 year, under 5 years38%11%
5 years or more13%5%

Few Sentences Over 1 Year

Confinement longer than one year was imposed in 4 of 38 convictions (11%). That was less often than the 16% for all Navy and Marine Corps cases in 2025. Of those 4, 3 were between 1 and 5 years and 1 was 5 years or more.

These are adjudged sentences: the sentences announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in a case. When Article 128b was charged with other articles, the sentence reflects all of them.

General and Special Courts-Martial

Of the 40 cases, 14 were general courts-martial (35%). That is about the same as the 36% for all Navy and Marine Corps cases in 2025. The other 26 were special courts-martial.

Only a general court-martial can impose more than one year of confinement or a dishonorable discharge. A special court-martial is limited to one year. At the general courts-martial here, the median confinement was 1 year, and 50% of cases were contested. At the special courts-martial, the median was 3 months, and 19% of cases were contested.

Most of the Accused Pleaded Guilty

Of 40 accused, 28 pleaded guilty. The other 12 contested at least one charge with a not-guilty or mixed plea. The contested share was 30%, lower than the 37% service-wide.

Of the 12 contested cases that reached a verdict, 2 ended in a full acquittal (17%). That is lower than the 27% for all Navy and Marine Corps cases in 2025. Another 4 (33%) were partial acquittals: the accused was found not guilty of at least one charge or specification but guilty of another.

Punitive Discharges for Enlisted Members

Of enlisted convictions, 50% included a punitive discharge: 15 bad-conduct discharges and 3 dishonorable discharges. The rate for all Navy and Marine Corps cases in 2025 was 46%.

The records list 1 convicted officer or warrant officer, who was not dismissed. A conviction without a punitive discharge can still be followed by an administrative separation. These records do not track administrative separations.

Changes From 2024 to 2025

Cases fell from 51 to 40. The contested share fell from 37% to 30%. Full acquittals went from 5 of 19 contested cases that reached a verdict to 2 of 12. Median confinement rose from 3 months to 6 months. Convictions with confinement fell from 83% to 74%.

Punitive discharges for convicted enlisted members fell from 53% to 50%. The general court-martial share rose from 25% to 35%. These groups are small, and a few cases can change each figure. The changes show direction, not precise trends.

20242025
Cases5140
Contested (of pleas recorded)37%30%
Full acquittals (decided contested)5 of 192 of 12
Convictions with confinement83%74%
Median confinement3 months6 months
Punitive discharge (enlisted)53%50%
General courts-martial25%35%

Other Charges, Rank, and Installations

Article 128b was the only charge in 22 of 40 cases. The most common other charge was Article 90 (disobeying an officer), in 7 cases. Article 119b (child endangerment) and Article 92 (orders violation) appeared in 4 each. Article 128 (assault) and Article 131b (obstruction) appeared in 3 each.

By rank, the accused included 27 junior enlisted members, 10 NCOs, and 2 officers. That group was more junior than all Navy and Marine Corps cases in 2025. Camp Pendleton, California tried 8 cases, San Diego, California 7, Norfolk, Virginia 5, Marine Corps Base Hawaii, Kaneohe Bay 4, and Quantico, Virginia 3. Together they account for 68% of the total. Larger installations try more cases of every kind.

Law Changes and the Limits of the Records

Article 128b applies only to offenses on or after January 1, 2019. Domestic violence is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023.

Both rules depend on the offense date. The records list only trial dates, so 2025 trials can include cases under either set of rules. The records cannot show whether the changes affected any figure here. They also do not include the evidence, the plea terms, or cases resolved by nonjudicial punishment or administrative separation.

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

How We Counted

Navy and Marine Corps courts-martial with a trial date in 2025 that charged Article 128b (40 cases), compared with all Navy and Marine Corps cases that year and with 2024.

Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.

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.

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