What Sentencing Can I Face if Convicted of Sexual Assault Under Article 120?
Sentencing is where the real consequences of an Article 120 conviction are imposed. Even when a case survives investigation, charging, and trial, the outcome at sentencing can permanently alter a service member’s life through confinement, discharge, loss of benefits, and long-term collateral consequences. This page explains the sentencing exposure for Article 120 offenses, how military panels decide punishment, and how Gonzalez & Waddington defends clients aggressively to mitigate or avoid catastrophic outcomes.
Short Answer
Article 120 sentencing can include years of confinement, a dishonorable discharge, forfeiture of all pay and allowances, reduction in rank, and mandatory sex offender registration depending on the offense of conviction. The range is broad, and outcomes vary dramatically based on how the case is defended at trial and during the sentencing phase. Effective sentencing advocacy can mean the difference between prison and freedom, retention and discharge, or registration and a future without it.
Maximum Punishments Under Article 120
Confinement Exposure
Depending on the specific Article 120 offense and specifications, maximum confinement can range from several years to decades. Aggravating factors such as alleged force, incapacitation, multiple specifications, or victim impact claims can increase exposure significantly. Panels are authorized to impose any lawful sentence up to the maximum, which is why sentencing strategy must be planned from the beginning of the case.
Punitive Discharge
Many Article 120 convictions authorize a dishonorable discharge. A punitive discharge ends a military career permanently, strips most veterans’ benefits, and carries severe stigma in civilian life. Even when confinement is limited, a punitive discharge can be the most damaging aspect of the sentence.
Forfeitures and Reduction in Rank
Convictions commonly result in total forfeiture of pay and allowances and reduction to the lowest enlisted grade. These penalties compound the financial and professional devastation caused by confinement and discharge.
Collateral Consequences Beyond the Court-Martial
Sentencing does not end when the gavel falls. Convictions can trigger sex offender registration, loss of security clearance, employment barriers, housing restrictions, travel limitations, and social isolation. These collateral consequences often last longer than any period of confinement.
How Military Panels Decide Sentencing
The Panel Has Broad Discretion
Unlike civilian systems with sentencing guidelines, military panels have wide discretion within the statutory maximum. This means outcomes can vary dramatically based on how the evidence is framed, how the accused is presented, and how effectively mitigation is argued.
Victim Impact Evidence Plays a Major Role
The government often presents victim impact statements describing emotional harm, career impact, and life disruption. Without a disciplined defense response, these statements can dominate sentencing deliberations and drive harsher punishment.
Character and Service Record Matter
Panels are permitted to consider the accused’s entire military record, including deployments, awards, evaluations, leadership roles, and prior discipline. A well-prepared sentencing case highlights honorable service and places the alleged offense in proper context.
Trial Strategy Directly Affects Sentencing
How the case is litigated at trial influences sentencing outcomes. Credibility established during cross-examination, exposure of investigative bias, and partial victories on findings can all reduce sentencing severity even when a conviction occurs.
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
How Gonzalez & Waddington Defends Clients at Sentencing
Sentencing Strategy Begins on Day One
Our firm plans for sentencing from the outset of the case. We identify mitigation evidence early, preserve favorable character witnesses, and shape trial themes with sentencing consequences in mind. This preparation allows us to pivot immediately and effectively if sentencing becomes necessary.
We Humanize the Accused Without Conceding Guilt
Sentencing advocacy does not require surrender. We present the full picture of who our client is as a service member, leader, and person, emphasizing honorable service, sacrifice, and potential for rehabilitation while avoiding admissions that create additional legal harm.
We Counter Emotional Overreach
When victim impact evidence exceeds the scope of the findings or relies on speculation, we challenge it. We ensure the panel sentences based on the offense of conviction, not on unproven allegations or inflated narratives.
We Target Outcomes That Preserve the Future
In appropriate cases, we focus sentencing advocacy on avoiding punitive discharge, minimizing confinement, and reducing collateral consequences such as registration exposure. Our experience allows us to identify which outcomes are realistically achievable and how to argue for them persuasively.
Typical Sentencing Outcomes by Scenario
| Scenario | Common Sentencing Risks |
|---|---|
| Single-specification conviction with credibility issues | Lower confinement risk, potential discharge depending on mitigation |
| Multiple specifications or aggravating factors | Higher confinement exposure and increased likelihood of punitive discharge |
| Conviction without physical evidence | Wide sentencing range based on panel perception and advocacy |
| Partial acquittal on findings | Significant leverage to reduce punishment |
Frequently Asked Questions About Article 120 Sentencing
Can the Panel Sentence Me to the Maximum?
Yes, but it is uncommon when the defense presents strong mitigation and challenges overreach. Effective advocacy significantly reduces this risk.
Is Sentencing Automatic After Conviction?
Yes. If a conviction occurs, the case immediately moves to sentencing unless the judge orders otherwise.
Should I Make an Unsworn Statement?
Often yes, but the content must be carefully crafted. An unsworn statement can be powerful mitigation when done correctly.
Can Sentencing Be Reduced on Appeal?
Yes. Appellate courts can reduce sentences they find inappropriate or disproportionate.
When Should I Start Thinking About Sentencing?
From the beginning of the case. Sentencing outcomes are shaped long before the trial ends.
The Bottom Line: Sentencing Determines the Rest of Your Life
In an Article 120 case, sentencing is not a formality. It is where the long-term consequences are imposed. Gonzalez & Waddington understands that even a single decision at sentencing can alter a client’s future forever, which is why we approach sentencing with the same intensity and preparation as trial itself. If you are facing sexual assault charges, you need a defense team that knows how to fight for your future at every stage of the process.
