Charged With Aggravated Assault?
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Court Martial Lawyer For Assault and Aggravated Assault – Article 128
The truth of the matter is that service members have been getting into drunken fights since 1776 and this won’t change anytime soon. Some of these fights can get taken too far and it doesn’t have to ruin a career or a life. Just because you threw a punch doesn’t mean you throw your career away at the same time. While the concepts of assaults may simple, the law in this area is quite complex. Here, we discuss the numerous ways in which you can be charged under Article 128 of the UCMJ, how the terms are defined, the maximum sentences and some of the defenses. We address self defense and defense of others in detail on our self defense page. As always, your best bet is to give us a call and we can discuss the nuances of your individual case. We will always shoot you straight and make you’re your questions get answered.
Assault - Article 128 UCMJ
Simple Assault Under Article 128, UCMJ
Under Article 128 of the Uniform Code of Military Justice, a person commits a simple assault when they attempted or offered to do bodily harm to the alleged victim; when the attempt or offer was done unlawfully; and when the attempt or offer was done with force or violence.
The maximum punishment for simple sssault when committed with an unloaded firearm is Reduction to E-1, forfeiture of all pay and allowances, confinement for 3 years and a dishonorable discharge.
Assault Consummated by a Battery Under Article 128, UCMJ
Under Article 128 of the Uniform Code of Military Justice, a person commits assault consummated by battery when they did bodily harm to the alleged victim; when that the bodily harm was done unlawfully; and when that the bodily harm was done with force or violence.
Assault Upon a Commissioned Officer Under Article 128, UCMJ
Under Article 128 of the Uniform Code of Military Justice, a person commits assault upon a commissioned officer when they attempted to do, offered to do or did bodily harm to the alleged victim; when that attempt, offer or bodily harm was done unlawfully; when that the attempt, offer or bodily harm was done with force or violence; then the alleged victim was a commissioned officer of the United States military; and the person knew that the alleged victim was a commissioned officer in the United States military.

Assault Upon a Warrant, Noncommissioned or Petty Officer Under Article 128, UCMJ

Under Article 128 of the Uniform Code of Military Justice, a person commits assault upon a warrant, noncommissioned officer or petty officer when they attempted to do, offered to do, or did bodily harm to alleged victim; when the attempt, offer or bodily harm was done unlawfully; when the attempt, offer or bodily harm was done with force or violence; when the alleged victim was a warrant, noncommissioned or petty officer of the United States Army, Navy, Marine Corps, Air Force or Coast Guard); and that they knew that alleged victim was a warrant, noncommissioned or petty officer of the United States Army, Navy, Marine Corps, Air Force or Coast Guard.
The maximum punishment for assault on a warrant officer is reduction to E-1, forfeiture of all pay and allowances, confinement for 18 months and a dishonorable discharge.
Assault Upon a Sentinel or Lookout Under Article 128, UCMJ
Under Article 128 of the Uniform Code of Military Justice, a person commits assault upon a a sentinel or lookout when they attempted to do, offered to do or did bodily harm to the alleged victim; when the attempt, offer or bodily harm was done unlawfully; when the attempt, offer or bodily harm was done with force or violence; when the alleged victim was a sentinel or lookout who was then in the execution of his or her duty; and when that person knew that the alleged victim was a sentinel or lookout in the execution of his or her duty.

The jury may find you guilty of assault on a sentinel or lookout in the execution of his or her duties only if they are satisfied beyond a reasonable doubt that the alleged victim, by his or her conduct and language did not abandon his or her status as a sentinel or lookout) acting in the execution of his or her duty.
Assault Upon a Person in the Execution of Law Enforcement Duties Under Article 128, UCMJ

Under Article 128 of the Uniform Code of Military Justice, a person commits assault upon a person in the execution of law enforcement duties when they attempted to do, offered to do or did bodily harm to the alleged victim; that the attempt, offer or bodily harm was done unlawfully; that the attempt, offer or bodily harm was done with force or violence; that the alleged victim was a person who then had and was in the execution of military police or law enforcement duties; and that the person knew that the alleged victim then had and was in the execution of such duties.
The maximum punishment for assault on a person in the execution of law enforcement duties is reduction to E-1, forfeiture of all pay and allowances, confinement for 3 years and a dishonorable discharge.
AGGRAGATED ASSAULT – ARTICLE 128, UCMJ
Aggravated Assault With a Dangerous Weapon Under Article 128, UCMJ
Under Article 128 of the Uniform Code of Military Justice, a person commits aggravated assault with a dangerous weapon when they assaulted the alleged victim by offering to do bodily harm to him or her; that they did so with a certain weapon; that they intended to do bodily harm; and that the weapon was a dangerous weapon or a loaded firearm.

- With a loaded firearm: reduction to E-1, forfeiture of all pay and allowances, confinement for 8 years and a dishonorable discharge.
- Committed upon a child under the age of 16, spouse, intimate partner, or an immediate family member: The maximum punishment for assault on a person in the execution of law enforcement duties is reduction to E-1, forfeiture of all pay and allowances, confinement for 5 years and a dishonorable discharge.
- Other cases: The maximum punishment for assault on a person in the execution of law enforcement duties is reduction to E-1, forfeiture of all pay and allowances, confinement for 3 years and a dishonorable discharge.
Aggravated Assault With Substantial Bodily Harm Under Article 128, UCMJ.
Under Article 128 of the Uniform Code of Military Justice, a person commits aggravated assault with substantial bodily harm when they assaulted the alleged victim; and that substantial bodily harm was thereby inflicted upon the alleged victim.
- With a loaded firearm: reduction to E-1, forfeiture of all pay and allowances, confinement for 8 years and a dishonorable discharge.
- Committed upon a child under the age of 16, spouse, intimate partner, or an immediate family member: The maximum punishment for assault on a person in the execution of law enforcement duties is reduction to E-1, forfeiture of all pay and allowances, confinement for 6 years and a dishonorable discharge.
- Other cases: The maximum punishment for assault on a person in the execution of law enforcement duties is reduction to E-1, forfeiture of all pay and allowances, confinement for 3 years and a dishonorable discharge.

Aggravated Assault With Infliction of Grievous Bodily Harm Under Article, 128 UCMJ
Under Article 128 of the Uniform Code of Military Justice, a person commits aggravated assault with grevious bodily harm when they assaulted the alleged victim, and that grievous bodily harm was thereby inflicted upon the victim.

- With a loaded firearm: reduction to E-1, forfeiture of all pay and allowances, confinement for 10 years and a dishonorable discharge.
- Committed upon a child under the age of 16, spouse, intimate partner, or an immediate family member: The maximum punishment for assault on a person in the execution of law enforcement duties is reduction to E-1, forfeiture of all pay and allowances, confinement for 8 years and a dishonorable discharge.
- Other cases: The maximum punishment for assault on a person in the execution of law enforcement duties is reduction to E-1, forfeiture of all pay and allowances, confinement for 5 years and a dishonorable discharge.
Aggravated Assault With Strangulation or Suffocation Under Article 128, UCMJ
Under Article 128 of the Uniform Code of Military Justice, a person commits aggravated assault with strangulation or suffocation they assault the alleged victim strangling or suffocating them.
Aggravated Assault with Intent to Commit Certain Offenses Under Article 128, UCMJ
Under Article 128 of the Uniform Code of Military Justice, a person commits aggravated assault with intent to commit certain offenses when they assaulted the alleged victim; and at the time, they intended to kill, commit rape, rape of a child, sexual assault, sexual assault of a child, robbery, arson, burglary, or kidnapping.
To convict you of this offense, proof that you only intended to inflict great bodily harm upon the alleged victim is not sufficient. The prosecution must prove beyond a reasonable doubt that you specifically intended to kill the alleged victim.
- With intent to commit murder, rape, or rape of a child: reduction to E-1, forfeiture of all pay and allowances, confinement for 20 years and a dishonorable discharge.
- With intent to commit voluntary manslaughter, robbery, arson, burglary, or kidnapping: reduction to E-1, forfeiture of all pay and allowances, confinement for 10 years and a dishonorable discharge.

Maiming Under Article 128a, UCMJ
Under Article 128a of the Uniform Code of Military Justice, a person commits maiming when they inflict upon the victim a certain injury; that this injury seriously disfigured the body of the alleged victim, destroyed or disabled an organ or member of the alleged victim, seriously diminished the physical vigor of alleged victim by injuring an organ or other part of his or her body; and that the person inflicted this injury with an intent to cause some injury to the person of the alleged victim.

Legal Definitions for Assault Under Article 128, UCMJ
