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# Did Assault Cases at San Diego, California Change After 2019?
- URL: https://www.bodiesburied.com/trends/san-diego-california-article-128-before-after-2019/
- Published: 2026-10-28T06:49:58.000Z
- Updated: 2026-11-03T01:47:49.000Z
- Description: Assault cases under Article 128 at San Diego, California went from 75 in 2013–2018 to 47 in 2019–2023. In the later period, 12 of 19 contested cases that reached a verdict ended in a full acquittal (63%), compared with 49% across the Navy and Marine Corps.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, San Diego, California, Article 128, Navy-Marine Corps

[Trends](https://www.bodiesburied.com/trends/) › [By Installation](https://www.bodiesburied.com/trends/by-installation/) › [San Diego, California](https://www.bodiesburied.com/trends/courts-martial-at-san-diego-california/) › Article 128

**Short answer:** Assault cases under Article 128 at San Diego, California went from 75 in 2013–2018 to 47 in 2019–2023\. In the later period, 12 of 19 contested cases that reached a verdict ended in a full acquittal (63%), compared with 49% across the Navy and Marine Corps. Punitive discharges for convicted enlisted members went from 42% to 55%, still lower than the 61% service-wide. Median confinement went from 4 months to 6 months.

Based on 47 cases · 2019–2023 · Navy and Marine Corps records · data updated October 24, 2026

## Most Contested Cases Ended in Full Acquittal

A case is contested when the accused pleads not guilty to at least one charge. Of the 19 contested assault cases at San Diego that reached a verdict in 2019–2023, 12 ended in a full acquittal, meaning not guilty of every charge. Another 2 ended in a partial acquittal, with an acquittal on some charges and a conviction on others.

The full-acquittal rate of 63% was higher than the 49% in all Navy and Marine Corps Article 128 cases over the same years. The rate was also high in the earlier period: in 2013–2018, 20 of 29 contested cases that reached a verdict ended in a full acquittal.

## What Changed After 2019

There were fewer cases. The earlier period had 75 cases across 6 years with cases on record, about 12 a year. The later period had about 9 a year. The contested share did not change: 40% in both periods, the same as the 40% service-wide.

Sentence measures changed in different directions. Convictions with confinement went from 91% to 77%. The median confinement went from 4 months to 6 months. Punitive discharges went from 42% to 55%. General courts-martial went from 48% to 62% of cases. These groups are small, and a few cases can change a rate. The changes show direction, not precise size.

|                                     | 2013–2018 | 2019–2023 |
| ----------------------------------- | --------- | --------- |
| Cases                               | 75        | 47        |
| Contested (of pleas recorded)       | 40%       | 40%       |
| Full acquittals (decided contested) | 20 of 29  | 12 of 19  |
| Convictions with confinement        | 91%       | 77%       |
| Median confinement                  | 4 months  | 6 months  |
| Punitive discharge (enlisted)       | 42%       | 55%       |
| General courts-martial              | 48%       | 62%       |

## Cases by Year

Assault charges were part of 27% of the 173 courts-martial at San Diego from 2019 through 2023\. The cases run from January 2019 to December 2023\. By year, there were 12 in 2019, 8 in 2020, 10 in 2021, 5 in 2022, and 12 in 2023.

## Confinement After Conviction

35 cases ended in a conviction on at least one charge. Of those, 27 included confinement (77%) and 8 had no confinement (23%). The no-confinement share was higher than the 14% elsewhere in the Navy and Marine Corps. The median confinement was 6 months, the same as the service-wide median. A quarter of confinement sentences were 1.9 years or longer.

Of the 35 convictions, 8 carried more than one year of confinement (23%), about the same as the 24% service-wide. 2 sentences were 5 years or more. These are adjudged sentences, imposed at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in its case.

| Adjudged confinement            | Convictions | Share here | Share, all Navy and Marine Corps Article 128 cases in 2019–2023 |
| ------------------------------- | ----------- | ---------- | --------------------------------------------------------------- |
| No confinement                  | 8           | 23%        | 14%                                                             |
| Under 6 months                  | 11          | 31%        | 35%                                                             |
| 6 months to 1 year              | 8           | 23%        | 27%                                                             |
| More than 1 year, under 5 years | 6           | 17%        | 19%                                                             |
| 5 years or more                 | 2           | 6%         | 5%                                                              |

## General and Special Courts-Martial

Results differed by court level. 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.

San Diego tried 29 of the 47 cases at general courts-martial (62%), compared with 52% service-wide. Those cases had a median confinement of 1.7 years, and 55% were contested. The 18 special courts-martial had a median confinement of 5 months, and 17% were contested.

## Punitive Discharges and Rank

Of convicted enlisted members, 55% received a punitive discharge: 10 bad-conduct discharges and 8 dishonorable discharges. The Navy and Marine Corps rate was 61%. The 1 convicted officer or warrant officer was not dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Junior enlisted members (E-1 to E-4) were 67% of the accused, NCOs were 30%, and officers were 2%. Service-wide, junior enlisted members were 63%.

## Other Charges in Assault Cases

Article 128 was the only charge in 17 of the 47 cases, compared with 194 of 574 Article 128 cases across the Navy and Marine Corps. The most common other charge was Article 120 (sexual assault), in 20 cases. Article 80 (attempt) was charged in 5, Article 86 (AWOL) in 4, and Article 131b (obstruction) and Article 92 (orders violation) in 3 each.

When assault is charged with sexual assault, the assault charge can describe part of the same incident. The sentence covers the whole case. The records do not divide a sentence among charges.

## What the Records Cannot Show

The records include only cases that reached a court-martial. Matters closed by nonjudicial punishment, administrative separation, or no action are not included. The records do not describe the evidence or plea terms. Navy and Marine Corps records before December 2020 often omit the plea, so plea counts use only the records that list it.

For what the offense covers and how it is defended, see [Article 128 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Courts-martial tried at San Diego, California that charged Article 128 (found guilty, not guilty, or both): 2013–2018 (75) and 2019–2023 (47). Comparisons use every Navy and Marine Corps case charging Article 128 in 2019–2023.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [San Diego, California: Court-Martial Data and Trends](https://www.bodiesburied.com/trends/courts-martial-at-san-diego-california/) (hub)
- [Article 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub)
- [By Installation](https://www.bodiesburied.com/trends/by-installation/) (hub)
- [San Diego, California Courts-Martial, 2013–2018: What 285 Cases Show](https://www.bodiesburied.com/trends/san-diego-california-courts-martial-2013-2018/) (the whole docket)
- [Inside 173 Courts-Martial at San Diego, California, 2019–2023](https://www.bodiesburied.com/trends/san-diego-california-courts-martial-2019-2023/) (the whole docket)
- [San Diego, California Courts-Martial, 2024–2026: What 126 Cases Show](https://www.bodiesburied.com/trends/san-diego-california-courts-martial-2024-2026/) (the whole docket)
- [Article 128 at Camp Pendleton, California Before and After 2019](https://www.bodiesburied.com/trends/camp-pendleton-california-article-128-before-after-2019/) (same offense, another installation)
- [Did Assault Cases at Norfolk, Virginia Change After 2019?](https://www.bodiesburied.com/trends/norfolk-virginia-article-128-before-after-2019/) (same offense, another installation)
- [Navy-Marine Corps Article 128 Cases by the Numbers, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-128-trend-2017-2025/)
- [Article 128 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

Next: [Did Assault Cases at San Diego, California Change After 2024?](https://www.bodiesburied.com/trends/san-diego-california-article-128-before-after-2024/) →

## Military Judges Who Presided Over Article 128 Cases at San Diego, California, 2019–2023

- [Andrea Goode](https://www.bodiesburied.com/judge-andrea-goode/)
- [Stephen Keane](https://www.bodiesburied.com/judge-stephen-keane/)
- [Yong Lee](https://www.bodiesburied.com/judge-yong-lee/)
- [Andrea Lockhart](https://www.bodiesburied.com/judge-andrea-lockhart/)
- [Michelle Pettit](https://www.bodiesburied.com/judge-michelle-pettit/)
- [Ryan Stormer](https://www.bodiesburied.com/judge-ryan-stormer/)
- [Chad Temple](https://www.bodiesburied.com/judge-chad-temple/)

Names and links only. Each judge's record of pleas, findings, and sentences is on their Know Your Judge page, part of the [Court-Martial Characters](https://www.bodiesburied.com/judges/) membership.

**Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-article-128/)

**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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.