Article 128 UCMJ – Assault, Aggravated Assault & Battery – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 128 of the Uniform Code of Military Justice criminalizes assault, assault consummated by battery, aggravated assault, and attempted assault. It is one of the most commonly charged offenses in the military, especially at large, high-tempo installations. These cases often arise from misunderstandings, exaggerated barracks disputes, alcohol-driven confrontations, domestic disputes, training incidents, or false accusations made in anger or retaliation.

In reality, most Article 128 cases are not violent crimes. Many involve:

• Minor physical contact blown out of proportion
• Drunken arguments at Florida beaches or nightlife districts
• Mutual fights where only one party gets blamed
• Roommate conflicts in barracks
• Arguments between spouses or partners
• Civilian complaints misinterpreting military conduct

Despite this, commands across the military—and especially in Florida—respond aggressively to assault allegations because they fear liability, bad press, and accusations of insufficient action.

Gonzalez & Waddington, Attorneys at Law is one of the nation’s top military defense firms for Article 128 cases. We defend service members at every major Florida base—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, MacDill AFB, Patrick Space Force Base, Homestead, NSA Panama City, and NAS Key West. We expose unreliable witnesses, intoxication-driven inaccuracies, false reports, and command overreach to keep our clients out of jail, in the military, and on track for success.

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What Is Article 128 UCMJ?

Article 128 covers several distinct levels of assault:

• Simple assault
• Assault consummated by battery
• Aggravated assault (deadly weapon, serious bodily injury)
• Attempted assault
• Assault with intent to commit a serious offense

These offenses range from extremely minor contact (like poking a finger in someone’s chest) to serious allegations involving weapons. The vast majority of military assault charges are on the low end of the spectrum.

Elements of Article 128 – What the Government Must Prove

1. Simple Assault

To convict, the prosecution must show:

• The accused attempted or offered to cause bodily harm
• The act was unlawful
• The act was done with the apparent ability to cause harm

2. Assault Consummated by Battery

The government must prove:

• The accused struck or touched another person
• The touching was unlawful
• The touching was done with intent to harm or offend

3. Aggravated Assault

• A dangerous weapon was used or intended to be used
• Or bodily harm was inflicted with intent to cause serious injury
• The act was done unlawfully

“Dangerous weapon” includes objects not normally considered weapons (bottles, boots, rocks, chairs) if used aggressively. This allows prosecutors to inflate minor fights into felony-level charges.

Maximum Punishments Under Article 128

Depending on the subsection, punishments may include:

• Dishonorable discharge
• Bad-conduct discharge
• Confinement (up to several years for aggravated assault)
• Reduction to E-1
• Total forfeitures
• Loss of benefits and retirement

Even “low-level” assaults can end careers if the government claims the incident undermines discipline or unit cohesion.

Why Article 128 Allegations Are Especially Common in Florida

Florida has a unique environment for military assault allegations:

• High tourism + alcohol = numerous fights and misunderstandings
• Beach nightlife near major bases
• Spring Break culture leading to chaos and drunken disputes
• Massive trainee populations in Pensacola and Whiting Field
• Roommate conflicts in barracks and dorms
• Local police who rapidly escalate domestic or bar incidents
• Commands eager to make examples out of “discipline cases”

Many Florida assault cases start with an intoxicated civilian calling police or a barracks roommate exaggerating a dispute.

Common Real-World Article 128 Scenarios

1. Barracks Fights

• Roommates arguing over noise, cleaning, guests, or alcohol
• Mutual pushing or shoving exaggerated as “assault”
• Third-party witnesses who only saw the end

2. Alcohol-Fueled Bar or Beach Incidents

• Misunderstandings with civilians
• Civilian witnesses who were also intoxicated
• Security footage contradicting police statements

3. Domestic Arguments

• Minor contact exaggerated by partner
• Florida police arresting the service member automatically
• Partner recants but command refuses to drop charges

4. “Offensive Touching” Cases

A poke, grab, shove, or accidental bump treated as a battery.

5. Training Incidents

• Misinterpreted “rough” training between peers
• Overzealous instructors accused by students

6. Misuse of a “Dangerous Weapon”

• Bottle
• Boot
• Chair
• Phone
• Vehicle (even minor incidents)

7. False Accusations

• Retaliation for reporting misconduct
• Accuser avoiding NJP or counseling
• Accuser jealous over relationship issues

How Article 128 Investigations Work

Assault allegations are investigated by:

• NCIS – Navy/Marine Corps
• OSI – Air Force/Space Force
• CID – Army
• CGIS – Coast Guard
• Florida civilian law enforcement (often the source of the allegation)
• Command-directed investigations (15-6, CDI, JAGMAN)

Investigation Weaknesses We Exploit

• Intoxicated witnesses giving unreliable statements
• Cops misunderstanding military culture or training
• One-sided statements taken from emotionally upset partners
• Failure to gather digital evidence or video footage
• Conflicting statements from multiple witnesses
• Command pressure influencing statements

Most Article 128 cases fall apart when subjected to expert cross-examination and evidence analysis.

How Gonzalez & Waddington Defends Article 128 Cases

We treat every Article 128 allegation—no matter how “minor”—as a potential career-ending threat. Our defense strategy includes:

1. Self-Defense & Mutual Combat

• Proving both parties fought willingly
• Showing the accused acted only to protect themselves
• Demonstrating the accuser was the aggressor

2. Attacking Witness Credibility

• Witness intoxication
• Inconsistent statements
• Bias or motive to lie
• Third-party rumor influence

3. Demonstrating Lack of Intent

• Accidental contact
• Acts misinterpreted due to alcohol

4. Challenging “Dangerous Weapon” Claims

• Object not inherently dangerous
• No intent to use as a weapon
• No actual injury

5. Digital Evidence Analysis

• Security camera footage
• Cell phone videos
• Texts and social media messages

6. Florida-Specific Defense Strategies

• Tourist-on-service-member conflicts
• Alcohol-heavy environments causing distortions
• Barracks roommate disputes blown out of proportion

We regularly secure dismissals, acquittals, downgraded charges, and saved careers in Article 128 cases.

Pro Tips for Service Members Accused of Article 128

• Do NOT talk to investigators.
• Do NOT apologize to the accuser.
• Write a timeline immediately.
• Gather witness names & phone numbers.
• Save all text messages, photos & videos.
• Do NOT discuss the case in your unit or group chats.
• Avoid alcohol until the case resolves.
• Hire a civilian military defense lawyer immediately.

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Article 128 UCMJ – Frequently Asked Questions