Article 128b UCMJ – Domestic Violence (Assault on a Spouse or Intimate Partner) – Florida UCMJ Attorneys

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 128b of the Uniform Code of Military Justice criminalizes domestic violence offenses committed by a service member against an intimate partner, spouse, former spouse, dating partner, or household member. This article applies to physical assault, strangulation, bodily injury, threats, intimidation, property damage meant to terrorize, and certain forms of coercive control.

Domestic violence cases are among the most emotionally charged, politically pressured, and aggressively prosecuted offenses in the military justice system. Commands often overreact, issue no-contact orders, remove service members from duty, take weapons, revoke access, and initiate separation actions before a single fact is confirmed.

In Florida, domestic violence allegations are especially common due to the state’s heavy alcohol culture, nightlife, frequent civilian–military relationships, stressful operations, and large concentration of young service members at NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, Patrick SFB, MacDill, NSA Panama City, NAS Key West, and Coast Guard Sectors.

Most accusations arise from heated arguments, relationship stress, jealousy, alcohol, miscommunication, or retaliatory motives. Many alleged “victims” later retract or correct their statements. Digital evidence (texts, DMs, call logs, videos) often contradicts the original claim.

Gonzalez & Waddington defends service members worldwide in high-stakes domestic violence cases. We expose false allegations, inconsistent statements, intoxication-driven unreliability, investigative errors, and ulterior motives such as divorce leverage, child custody disputes, manipulation, and revenge.

➤ Request a Confidential Article 128b Defense Consultation

What Article 128b Criminalizes

Article 128b covers a wide spectrum of domestic violence behaviors, including:

• Bodily harm (“offensive touching,” slapping, pushing, shoving)
• Strangulation or choking
• Assault with a weapon or dangerous object
• Threatening a partner
• Destroying property to intimidate or control
• Coercive behavior
• Emotional/psychological abuse (if tied to criminal conduct)
• Violating a no-contact or MPO (often charged under Article 92)
• Aggravated domestic violence involving injury or fear of death

Acts that are NOT criminal in civilian life (yelling, arguing, emotional behavior) may be misinterpreted or exaggerated into Article 128b charges due to military “zero tolerance” attitudes.

Elements of Article 128b Domestic Violence

1. The Accused Committed an Assault or Violent Act

This may include contact, attempted contact, threats, or conduct intended to cause fear.

2. The Conduct Was Against an Intimate Partner

Spouse, former spouse, dating partner, live-in partner, or parent of shared child.

3. The Conduct Was Willful and Wrongful

Accidental contact or self-defense does NOT satisfy this requirement.

4. The Conduct Was Unlawful

Defense of property, defending oneself, or attempting to leave a violent situation are all lawful.

5. Resulting Injury or Harm (in aggravated cases)

Government must prove actual bodily harm, not just emotional distress or anger.

Maximum Punishments Under Article 128b

Potential penalties include:

• Dishonorable discharge (in aggravated cases)
• Bad-conduct discharge
• Confinement up to 3–10 years depending on severity
• Loss of rank to E-1
• Total forfeitures
• Loss of weapons rights under Lautenberg Amendment
• Loss of clearance
• Permanent loss of career

Even minor cases can cost a service member their career through administrative separation.

Why Article 128b Allegations Are Common in Florida

Domestic violence allegations spike in Florida due to:

• Alcohol-heavy culture (Pensacola Beach, Jacksonville Beach, Miami, Tampa)
• High stress, long deployments, and reintegration struggles
• Florida nightlife and bar culture
• Young service members living off-base
• Relationship instability
• Frequent civilian-military relationships
• Civilian police unfamiliar with military law
• Restraining orders issued prematurely
• Breakups, cheating allegations, and jealousy
• Domestic arguments misinterpreted by neighbors

Most cases involve alcohol, misinterpretation, or retaliation—not true domestic violence.

Common Real-World Article 128b Scenarios

1. Alcohol-Driven Arguments

Minor physical contact (like brushing past someone) is exaggerated into “assault.”

2. Breakups & Revenge Allegations

Accusers make false claims to punish the service member or gain leverage.

3. Strangulation Claims With Zero Physical Evidence

Highly common — often scientifically impossible based on medical findings.

4. Domestic “Mutual Combat” Misinterpreted

Only one partner is arrested, usually the service member.

5. Exaggeration of Minor Injuries

Redness, scratches, or self-inflicted marks are blamed on the accused.

6. False Accusations During Divorce or Custody Disputes

Extremely common in Florida family courts.

7. Property Damage Misinterpreted as Domestic Violence

Breaking a phone, cup, or door frame is declared “intimidation.”

8. Miscommunication or Language Barriers

Arguments escalate due to cultural or linguistic misunderstandings.

9. “He Won’t Let Me Leave” Claims

Often contradicted by texts, timestamps, or surveillance footage.

10. Civilian Police Overcharging Service Members

Local Florida departments default to arrest in any domestic call.

How Article 128b Investigations Work

Domestic violence investigations typically involve:

• NCIS (Navy/USMC)
• OSI (Air Force/Space Force)
• CID (Army)
• CGIS (Coast Guard)
• Local Florida police
• Family Advocacy Program (FAP)

Common Investigative Failures

• No proper medical exam
• No corroborating evidence
• Bogus or exaggerated injury descriptions
• Failure to interview defense witnesses
• Accuser contradictions ignored
• Alcohol impairment ignored
• No digital forensic backup
• Assuming guilt based on emotion

How Gonzalez & Waddington Defends Article 128b Cases

1. Destroy the Government’s “Injury” Narrative

• No actual injuries
• Self-inflicted marks
• Accidentally caused injuries
• Medical inconsistencies

2. Expose Motives to Lie

• Revenge after breakup
• Cheating cover-ups
• Custody leverage
• Financial motives

3. Use Digital Forensic Evidence

Texts, timestamps, videos, photos, GPS data, and call logs often disprove accusations.

4. Attack Strangulation Claims

Most are medically impossible based on forensic evidence.

5. Florida-Specific Defense Tactics

• Alcohol & eyewitness unreliability
• Florida “must-arrest” policies inflating charges
• Tourist-driven misunderstandings

6. Violations of MPO or No-Contact Orders

Often the alleged victim initiated contact—critical for defense.

Pro Tips for Service Members Accused of Domestic Violence

• Do NOT talk to investigators or FAP.
• Do NOT respond to accuser messages.
• Document everything immediately.
• Save all texts, emails, screenshots.
• Stop using social media.
• Seek medical and psychological evaluation if needed.
• Do not return to the home without legal permission.
• Hire a civilian defense lawyer immediately.

➤ Protect Your Career – Contact a Domestic Violence Defense Lawyer

Article 128b UCMJ – Frequently Asked Questions