This page gives a general overview of these practice areas. For detailed explanations and practical guidance, see the related subpages.
Crimes of violence under the UCMJ cover four major groups of offenses:
- Domestic violence under Article 128b
- Assault and aggravated assault under Article 128
- Homicide and manslaughter under Articles 118 and 119
- Child endangerment under Article 119b
These cases reach into every part of a service member’s life. They affect freedom, rank, retirement, firearms rights, and future employment.
This page introduces the practice area. The subpages explain each offense in detail and give practical guidance for the specific charges.
Domestic Violence under Article 128b
Domestic violence now has its own statute for a reason: congressional intent. Article 128b is designed to address any violent or threatening conduct when it involves a protected person:
- spouse
- intimate partner
- family member in the home
An assault that might once have been charged as a basic 128 is now pushed into 128b with greater punishment, career-ending collateral effects, and a lifetime firearms ban if there is a qualifying conviction.
The Article covers:
- violent acts against protected persons
- using other crimes to threaten or intimidate them
- violating protective orders to threaten or commit violence
- strangulation and suffocation
These cases will also trigger administrative processes apart from investigation and prosecution:
- Family Advocacy Program interviews
- Military Protective Orders
- Possible separation even if there is no conviction
Domestic violence cases often grow out of breakups, custody disputes, or long-standing relationship problems. The legal questions focus on:
- what actually occurred and the order of events
- whether the allegations might be driven by ulterior motives
- whether the conduct was defensive or retaliatory
- whether there were violations of orders
- how FAP and command responses might have contaminated statements and testimony
Our Article 128b page covers these issues in detail. The role of this top-level page is to explain that domestic violence is not handled as a private matter. It is seen as one of the most serious crimes under the UCMJ.
Child Endagerment/Abuse Allegations under Article 119b
Article 119b covers a wide range of conduct involving the care, safety, and protection of children. It includes physical abuse, endangerment, and neglect. These cases receive high command attention and are now handled by the Office of Special Trial Counsel. When an allegation arises, there are immediate consequences that aren’t technically part of the legal process.
The first effect is administrative. Commands often issue Military Protective Orders that separate the accused from the family home or restrict contact with children. These actions are described as non-punitive, but they have substantial practical consequences. They can remove a service member from their support system, compromise child-care roles, and create significant disruption in the home. Violating these orders leads to additional charges, and the potential loss of a winnable case.
Investigations under Article 119b usually involve several agencies at once. Criminal investigators work alongside the Family Advocacy Program and, in many cases, civilian child-protection agencies. Statements made to one group are often shared with the others. For this reason, service members need to understand that speaking freely to FAP or CPS without legal advice may have the same effect as speaking to a criminal investigator.
Most Article 119b cases are largely about medical findings. Pediatricians, radiologists, and biomechanical experts may testify about whether an injury is consistent with accidental trauma or non-accidental harm. These opinions are part of the evidence, but they are not conclusive. The defense can present alternative explanations through its own experts. This includes exploring questions about timing, mechanism of injury, underlying medical conditions, or whether the reported symptoms match the alleged event. Modern medical science recognizes that some findings once viewed as clear indicators of abuse can have multiple possible causes.
When the evidence includes statements from a child, the interpretive focus shifts to reliability rather than demeanor. Agencies use structured interview protocols to reduce suggestibility, but mistakes occur. The defense reviews the interview recordings to determine whether questions were leading, whether the child was interviewed multiple times, and whether outside conversations influenced the disclosure. Delayed reporting also requires careful examination of what happened between the alleged event and the disclosure and why the child chose to speak at that point in time.
These cases also arise in the context of family tension, divorce, or custody disputes. The law requires the defense to consider the full context of the allegation, including potential motives, misunderstandings, or pressures that might have contaminated the testimony or the reporting process.
Article 119b cases are complex because they combine medical evidence, forensic interviews, administrative action, and overlapping investigations. They require clear analysis of the facts, careful attention to the evidence, and a full understanding of how OSTC evaluates these cases.
Assault, Battery, and Aggravated Assault under Article 128
Article 128 covers the whole range of person-to-person violence not labeled as domestic violence or homicide. It stretches from:
- offer-type assault (no contact, only threatened force)
- contact assault (battery)
- aggravated assault with a dangerous weapon
- assault inflicting grievous bodily harm
These cases appear in many settings:
- on-duty altercations in the unit
- bar fights off base
- hazing or “rough housing” that crosses a line
- training incidents
- disputes in the dorms or barracks
The law distinguishes between:
- a real attempt to cause harm
- an impulsive loss of temper
- mutual combat
- an accident during lawful training or work
- a proportional act of self-defense
Common issues in 128 cases include:
- self-defense and defense of others
- reasonableness of perceived threat
- proportionality of force used
- the effect of alcohol and impaired judgment
- whether a particular object was used as a dangerous weapon
Our Article 128 subpage explains the levels of assault, defenses, and penalties in detail.
Homicide and Manslaughter under Articles 118 and 119
Homicide cases under the UCMJ cover the unlawful killing of another person. They are rare compared to assault or domestic violence, but they receive the highest level of attention and the harshest possible sentencing exposure.
Article 118 covers several forms of murder:
- premeditated
- intentional but not premeditated
- unintentional during inherently dangerous conduct
- felony murder during certain serious crimes
Article 119 covers voluntary and involuntary manslaughter, where intent to kill is absent but the death is still tied to the accused’s conduct.
These cases can arise from:
- fights that escalate
- domestic disputes
- accidents during training or weapons handling
- vehicle incidents
- acts combined with medical error or delayed diagnosis
They inevitably involve:
- medical forensics
- autopsy and pathology
- biomechanics
- toxicology
- mental health evidence
The legal questions in these cases include:
- intent and premeditation
- foreseeability and recklessness
- causation
- intervening medical error
- self-defense and defense of others
Please see our related subpages here for more information on each of these Articles.
OSTC’s Role in Crimes of Violence
Serious violent offenses now fall under the Office of Special Trial Counsel. OSTC decides whether to:
- prosecute at a general court-martial
- seek a lesser form of disposition
- refer the matter back to the command
OSTC prosecutors focus on:
- domestic violence
- sexual assault
- serious assaults
- homicide
- child abuse and related offenses
They work with investigators, forensic experts, and victim-witness personnel. They review the strength of the evidence, the likely trial outcome, and the broader interests of justice and discipline.
For a defense team, this makes communication with OSTC important. OSTC is required to consider not only the existence of probable cause, but whether admissible evidence will likely support a conviction. Favorable information about context, self-defense, credibility, and medical or forensic disputes can have an influence.
Self-Defense, Mistake of Fact, and Perception
Crimes of violence almost always involve contested perception. Each person in the event experiences it from a different angle. Alcohol, fear, prior conflict, and surprise all distort judgment.
Three concepts show up repeatedly:
- Self-defense and defense of others
The law recognizes a right to use necessary and proportional force when a person reasonably believes they face imminent harm. The disputes often center on what was “reasonable” to perceive and how much force was justified. - Accident and lack of intent
In some cases, the contact or injury occurs during lawful activity or training, without a purpose to harm. The question is whether the conduct rose to the level of criminal culpability. - Mistake of fact
In some settings, the accused might have honestly and reasonably believed facts that, if true, would have made the conduct lawful. In violent crime cases, this often overlaps with self-defense. The issue is what the accused believed about the threat and why.
Understanding these doctrines matters in every domestic violence, child abuse, assault, and homicide case. They decide the line between a criminal act, a lesser offense, or a justified response.
How Crimes of Violence Are Evaluated
Across Articles 128b, 119b, 128, 118, and 119, investigators and prosecutors look at:
- physical evidence
- medical findings and injury patterns
- photographs and scene documentation
- statements
- past relationship history when relevant
- digital messages and calls before and after the event
- command and FAP records in domestic cases
- expert analysis in medicine, forensics, or biomechanics
These cases often require a full reconstruction of the event, not just a restatement of the accusation.
Our Experience in Violent Crime Defense
Our attorneys have spent more than twenty years defending service members accused of violent offenses under the UCMJ. That work includes:
- domestic violence and related FAP actions
- assault and aggravated assault on and off duty
- homicide and manslaughter across multiple branches
- overlapping state, federal, and military investigations
Contact Us for a Free Case Evaluation
If you are facing an allegation of domestic violence, child abuse, assault, or homicide under the UCMJ and do not yet understand how the charges work or what the process involves, you can contact our office for a confidential review. We can walk you through the articles involved, the likely issues in your case, and the decisions that lie ahead. Speak with our attorneys by submitting a contact form or calling 800-319-3134.