Article 128 Cases at Norfolk, Virginia, 2013–2018: 122 Courts-Martial

Trends › By Installation › Norfolk, Virginia › Article 128, 2013–2018

Based on 122 cases · 2013–2018 · Navy and Marine Corps records · data updated October 24, 2026

Assault Was Charged in 40% of Norfolk's Courts-Martial

This post covers one offense at one installation: Article 128 assault cases at Norfolk, Virginia, from 2013 through 2018. The 122 cases make up 40% of the 308 courts-martial tried at Norfolk in those years.

In 64 of these cases, Article 120 (sexual assault) was also charged. When an assault charge is next to a sexual assault or domestic violence charge, it can describe part of the same incident. The outcomes below describe whole cases, not assault alone.

Verdicts in Contested Cases

Of 52 contested cases that reached a verdict, 22 ended in a full acquittal (42%). That is lower than the 48% across Navy and Marine Corps Article 128 cases. A contested case is one where the accused pleaded not guilty to at least one charge.

Another 8 cases (15%) ended in a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another. These counts describe past verdicts at one installation. They do not show the evidence in any case.

Pleas Were the Same as Service-Wide

Of the 122 records, 121 list a plea: 69 guilty pleas and 52 contested cases. The contested share of 43% is the same as the 43% across Navy and Marine Corps Article 128 cases.

The contested share was different by court level: 49% at general courts-martial and 29% at special courts-martial.

Sentences After a Conviction

The 122 cases produced 100 convictions, and 87 included confinement. The median confinement was 6 months, shorter than the 8 months for Navy and Marine Corps Article 128 cases. A quarter of sentences here were 3 years or longer.

Sentences of 6 months to 1 year made up 15% of convictions here, compared with 23% service-wide. Sentences longer than one year were more common: 36 of 100 (36%), compared with 33%. Convictions with no confinement were 13%, compared with 10%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

General and Special Courts-Martial

Of the 122 cases, 86 were general courts-martial (70%), compared with 60% across Navy and Marine Corps Article 128 cases. The median confinement was 1.9 years at the general courts-martial and 3 months at the 36 special courts-martial.

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Punitive Discharges After a Conviction

A punitive discharge followed 57% of enlisted convictions here: 28 dishonorable discharges and 26 bad-conduct discharges. Across the Navy and Marine Corps as a whole, the share was 63%.

The group includes 4 convicted officers or warrant officers, and 2 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges and Rank

In all, 93 of the 122 cases charged at least one other article. After Article 120, the most common were Article 107 (false official statement) in 13, Article 120b (child sexual abuse) in 10, Article 112a (drug offenses) in 10, and Article 131b (obstruction, numbered since 2019) in 7.

By rank, 62 accused were junior enlisted (E-1 to E-4), 53 were NCOs (E-5 to E-9), and 6 were officers or warrant officers. That mix is more senior than across the Navy and Marine Corps, where 55% were junior enlisted.

Cases by Year

The cases were tried from February 2013 to December 2018. The yearly count ranged from 17 in 2013 and 2018 to 26 in 2015. There were 20 in 2014, 23 in 2016, and 19 in 2017.

All of these trials were before the Military Justice Act of 2016 took effect on January 1, 2019. Article 128 assault is not itself a covered offense under the later special trial counsel system. Special trial counsel can take an assault tied to a covered offense such as domestic violence.

What the Records Do Not Show

The records give trial dates, not offense dates. They do not describe the evidence or plea terms. Navy and Marine Corps records before December 2020 often omit the plea and forum, so this post does not report who decided guilt. Assaults handled by nonjudicial punishment or administrative separation are not included.

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.