Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

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Note: This law applies only to Article 128b UCMJ Domestic Violence – Commission of UCMJ violation against any person with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person offenses committed on and after 1 January 2019.

What is Article 128b UCMJ Domestic Violence -Commission of UCMJ violation against any person with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person?

Article 128b UCMJ addresses domestic violence involving acts intended to threaten or intimidate a spouse, intimate partner, or immediate family member. This article highlights the serious nature of such offenses within the military and the severe penalties, including additional confinement periods, that accompany these convictions. Manual for Courts-Martial, United States (2024 ed.)

Accusations under Article 128b can drastically impact one’s military career and personal life. Seeking legal assistance from the best military defense lawyers is crucial. They provide essential support by navigating the complexities of military law, scrutinizing evidence, and ensuring that the accused’s rights are upheld.

The consequences of a conviction extend beyond confinement, affecting employment opportunities, education, and benefits. Therefore, hiring experienced Article 128b UCMJ domestic violence lawyers can significantly influence the outcome of the case, offering the best chance to mitigate the repercussions.

For those facing such charges, contacting Gonzalez & Waddington can provide the legal defense to address these serious allegations effectively.

Note: The maximum and minimum punishments for Article 128b UCMJ Domestic Violence – Offense With Intent To Threaten or Intimidate vary depending on the date of the offense.

In the military, the crime of Article 128b UCMJ Domestic Violence – Offense With Intent To Threaten or Intimidate falls under the general offense category of Domestic Violence. It is one of the more serious offenses under the UCMJ and carries increased punishments.

What are Article 128b UCMJ Domestic Violence Offenses?

• Article 128b UCMJ Domestic Violence – Violent Offense
• Article 128b UCMJ Domestic Violence – Offense With Intent To Threaten or Intimidate
• Article 128b UCMJ Domestic Violence – Offense Against Any Property With Intent To Threaten or Intimidate
• Article 128b UCMJ Domestic Violence – Violation of Protection Order With Intent To Threaten or Intimidate
• Article 128b UCMJ Domestic Violence – Violation of Protection Order With Intent To Commit Violent Offense
• Article 128b UCMJ Domestic Violence – Assault By Strangulation or Suffocation

What are the Elements of Article 128b UCMJ Domestic Violence – Offense With Intent To Threaten or Intimidate?

1. That (state the time and place alleged), the accused committed an act in violation of the Uniform Code of Military Justice, to wit: (state the alleged offense);

2. That the accused committed the act against (state the name of the alleged victim of such act); and

3. That the accused committed the act with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused.

What are the Maximum Punishments for Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate?

For offenses committed between 1 January 2019 and 27 December 2023:

• Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.
• To calculate a sentence, take:
  • the maximum punishment for the underlying offense; then add
  • an additional 3 years of confinement (except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life).
• For example, Article 128 UCMJ: Assault Consummated by a Battery committed from 1 Jan 2019 to 27 Dec 2023 has a maximum confinement of 6 months.
• If Assault Consummated by a Battery is charged as an Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate, the Military Judge would add 6 months + 3 years, for a total maximum of 3 years and 6 months.
• Total Forfeitures
• Reduction to E-1
• Federal Felony Conviction

For Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate offenses committed after 27 December 2023

• Under the Sentencing Parameters, the Offense Category for Article 128b UCMJ Domestic Violence—Violent Offense is based on the underlying offense.
• To calculate the sentence, take:
  • the maximum punishment for the underlying offense; then add
  • an additional 3 years of confinement (except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life).
• For example, Article 128 UCMJ: Assault Consummated by a Battery committed after 27 Dec 2023 is a Category 1 Offense, with a confinement range of 0-12 months. If Assault Consummated by a Battery is charged as an Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate, the Military Judge would add 3 years + 0-12 months, for a confinement range of 3 to 4 years.
• Federal Felony Conviction
• Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

• Maximum Punishments for UCMJ Offenses 2024: Combined UCMJ Punishments Chart
• UCMJ Lesser Included Offenses Chart 2024 UCMJ

Sample Specification for Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate

In that PO Sydney Swenson, US Navy, 889th Shore Patrol, did at or near NAS Jacksonville, Florida, on or about 9 October 2025, with the intent to intimidate) the intimate partner of the accused, commit an offense in violation of the UCMJ against the accused’s stepson, Dillan Melvyn, a child under the age of 16 years, to wit: struck Dillan Melvyn in the head with a bottle of wine, thereby causing grievous bodily injuries to Dillan Melvyn.

Model Specification for Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate

In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against (any person) (a child under the age of 16 years), to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).

What are the Definitions for Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate?

The term “violent offense” means a violation of the following:

1. Article 118, UCMJ,
2. Article 119(a), UCMJ,
3. Article 119a, UCMJ,
4. Article 120, UCMJ,
5. Article 120b, UCMJ,
6. Article 122, UCMJ,
7. Article 125, UCMJ,
8. Article 126, UCMJ,
9. Article 128, UCMJ,
10. Article 128a, UCMJ,
11. Article 130, UCMJ, or
12. Any other offense that has an element that includes the use, attempted use, or threatened use of physical force against the person or property of another.

Under Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate, the term “spouse” under means one’s husband or wife by lawful marriage.

Under Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate, the term “intimate partner” means either (a) one’s former spouse, a person with whom one shares a child in common, or a person with whom one cohabits or with whom one has cohabited as a spouse; or (b) a person with whom one has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Under Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate, the term “immediate family” means either (a) one’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or (b) any other person living in one’s household to whom he or she is related by blood or marriage. “In loco parentis,” meaning “in place of a parent,” is a legal doctrine describing a relationship similar to that of a parent to a child; it refers to an individual who assumes parental status and responsibilities for another individual, usually a young person, without formally adopting that person.

“Bodily harm” means an offensive touching of another, however slight. An infliction of bodily harm is “unlawful” if done without legal justification or excuse and without the lawful consent of the victim.

An assault in which bodily harm is inflicted is called a “battery.” A “battery” is an unlawful infliction of bodily harm to another, made with force or violence, by an intentional (or a culpably negligent) act or omission.

Under Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate, the term “Culpable negligence” is a degree of carelessness greater than simple negligence.

“Simple negligence” is the absence of due care. The law always requires everyone to demonstrate the care for the safety of others that a reasonably careful person would demonstrate under the same or similar circumstances; that is what “due care” means.

“Culpable negligence,” on the other hand, is a negligent (act) (or) (failure to act) accompanied by a gross, reckless, wanton, or deliberate disregard for the foreseeable results to others.

If the offense alleges that the accused committed a violent offense (Article 128b(1)) or committed an offense against the UCMJ (Article 128b(2A), Article 128b(2B)), the Military Judge must advise the members of the elements and appropriate definitions of the alleged offense, as follows. To establish that the accused committed the offense of (state the alleged offense), the government must prove, beyond a reasonable doubt, the following elements:

If the offense alleges that the accused intended to commit a violent offense (Article 128b(4)), the Military Judge must advise the members of the elements and appropriate definitions of the alleged offense, as follows.

Proof that the accused committed a violent offense is not required. However, the government must prove beyond a reasonable doubt that, at the time of violating the protection order, the accused intended every element of the offense of (state the alleged violent offense).

The government must also prove beyond a reasonable doubt that the intended offense is violent.

Potential Collateral Consequences of a Conviction of Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate and a Federal Conviction

• Employment will be severely limited (many employers won’t hire a convict)
• Inability to enroll in college, university, or trade school
• Loss of GI Bill
• Loss of military career
• Loss of retirement benefits.
• Loss of VA benefits.
• Loss of medical benefits.
• Loss of spouse, family members, and friends
• Loss of income while in jail
• Mental, physical suffering before and after prison
• Ineligibility for public benefits, such as food stamps
• Ineligibility for government-sponsored student loans and grants;
• Restrictions on certain types of employment or occupational licenses;
• Ineligibility to provide foster care to minor family members
• Prohibitions on working with children
• Loss of professional license or certification
• Limitations on adoption or foster care

Article 128b UCMJ Domestic Violence Offense With Intent To Threaten or Intimidate Military Defense Lawyers

If you are suspected or accused of Article 128b UCMJ Domestic Violence Commission of UCMJ violation against any person with intent to threaten or intimidate spouse, intimate partner, or immediate family member of that person, speak with one of our experienced military court martial lawyers to discuss your case.

Examples of Article 128b UCMJ Domestic Violence offenses with the intent to threaten or intimidate:

1. Verbal Threats: Threatening to harm or kill a spouse or intimate partner during an argument.
2. Displaying Weapons: Brandishing a weapon, such as a knife or gun, to intimidate a spouse or intimate partner.
3. Threatening Gestures: Making threatening gestures, like raising a fist or pointing a weapon, to scare a spouse or intimate partner.
4. Destroying Property: Breaking household items or personal belongings in front of a spouse or intimate partner to intimidate them.
5. Threatening Family Members: Threatening to harm the children or family members of a spouse or intimate partner.
6. Threatening Pets: Threatening to harm or kill pets to intimidate a spouse or intimate partner.
7. Stalking: Following or monitoring a spouse or intimate partner’s movements to instill fear.
8. Threatening to Expose Secrets: Threatening to reveal personal or embarrassing information to coerce or intimidate a spouse or intimate partner.
9. Cyber Threats: Sending threatening messages or emails to a spouse or intimate partner.
10.  Threatening Phone Calls: Making menacing phone calls to a spouse or intimate partner.
11. Driving Recklessly: Driving erratically or dangerously while a spouse or intimate partner is in the vehicle to frighten them.
12. Isolating: Threatening to isolate a spouse or intimate partner from friends and family.
13. Financial Control: Threatening to cut off financial support or access to money.
14. Threatening with Legal Action: Threatening to file false reports or use the legal system to intimidate a spouse or intimate partner.
15. Public Humiliation: Threatening to humiliate a spouse or intimate partner in public or social circles.
16. Threatening to Leave: Threatening to abandon a spouse or intimate partner in a way that instills fear of being alone or unsupported.
17. Demeaning Comments: Making derogatory or demeaning comments intended to belittle and intimidate a spouse or intimate partner.
18. False Accusations: Threatening to make false accusations to authorities to intimidate a spouse or intimate partner.
19. Threatening to Take Children: Threatening to take custody of the children away from a spouse or intimate partner.
20. Surveillance: Using surveillance equipment or tactics to monitor and control a spouse or intimate partner’s activities.

These examples illustrate various behaviors that can be prosecuted under Article 128b UCMJ for domestic violence with the intent to threaten or intimidate.