Article 128b Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025

Trends › By Offense › Article 128b › Article 128b Sentences in the Navy-Marin

Based on 140 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Case Counts by Year

Article 128b applies only to offenses on or after January 1, 2019. Earlier domestic violence was charged under other articles. The records therefore show 0 cases in 2017 and 2018, and the first conviction in September 2019.

There was 1 case in 2019, 5 in 2020, and 10 in each of 2021 and 2022. There were 30 in 2023, 46 in 2024, and 38 in 2025. The records do not show the reasons for the increase. They also do not include offense dates, so they cannot show when the conduct occurred.

Most Sentences Were Under 1 Year

The median confinement was 6 months, and a quarter of sentences were 1 year or longer. Sentences under 6 months were the largest group: 58 convictions (41%), compared with 35% service-wide. Another 35 convictions had sentences between 6 months and 1 year.

Longer sentences were less common than in the service overall. Sentences between 1 and 5 years made up 18 convictions (13%), and 5 convictions (4%) had sentences of 5 years or more. The service-wide shares were 18% and 7%. No confinement was imposed in 24 convictions (17%), compared with 18%.

These are adjudged sentences: the sentences announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case.

Sentences by Court Level

Of the 140 cases, 91 were special courts-martial and 49 were general courts-martial. The general court-martial share was 35%, lower than the 41% across the service. A special court-martial is limited to one year of confinement and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

General courts-martial had a median confinement of 1 year, and 45% of those cases were contested. Special courts-martial had a median confinement of 3 months, and 21% were contested.

Guilty Pleas and Partial Acquittals

Of the 140 records, 136 list a plea. Of those, 96 accused pleaded guilty and 40 contested at least one charge with a not-guilty or mixed plea. The contested share was 29%, compared with 24% across all Navy and Marine Corps convictions.

This post counts convictions only, so none of these contested cases ended in a full acquittal. Of the 40 contested cases, 18 were partial acquittals. The accused was found not guilty of at least one charge or specification and guilty of another.

Punitive Discharges

Of enlisted convictions, 61% included a punitive discharge: 70 bad-conduct discharges and 13 dishonorable discharges. The service-wide share was 62%.

The records include 4 convicted officers or warrant officers, and 1 was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges in These Cases

Of the 140 cases, 76 charged at least one other article. Article 90 (disobeying an officer) appeared in 23, Article 128 (assault) in 20, Article 92 (orders violation) in 16, Article 119b (child endangerment, numbered since 2019) in 11, and Article 115 (malingering before 2019; communicating threats since) in 10.

Each sentence covers every guilty finding in the case. The other charges are therefore part of the confinement and discharge figures. The records do not divide a sentence by charge.

Rank and Installations

Among the accused with a recorded rank, 87 were junior enlisted, 48 were NCOs, and 4 were officers. That rank mix is similar to all Navy and Marine Corps convictions in these years.

Camp Pendleton, California tried the most cases (25). Quantico, Virginia tried 15, Norfolk, Virginia 14, Camp Lejeune, North Carolina 12, and Marine Corps Base Hawaii, Kaneohe Bay 11. Together they account for 55% of the 140 cases. Larger installations try more cases of every kind.

Covered Offense Rules

Article 128b is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute it. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The Military Justice Act of 2016 took effect on January 1, 2019, and brought fixed panel sizes and written plea agreements. The records do not include offense dates, so they cannot sort cases by which rules applied.

What the Records Do Not Show

Trial records show the charges, pleas, findings, and sentences. They do not show the evidence, the plea terms, or domestic violence handled outside a court-martial through 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.

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.