The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States, outlining offenses and corresponding punishments for service members. Article 128 of the UCMJ specifically addresses the crime of assault. This article is crucial for maintaining order and discipline within the armed forces, ensuring that acts of violence are appropriately addressed under military law. Understanding Article 128 is essential for all military personnel and those involved in the military justice system.
Defining Assault Under UCMJ Article 128
Article 128 of the UCMJ categorizes assault into different levels, each with specific criteria and potential punishments. The most basic form of assault, as defined under section (a), involves any service member who “unlawfully and with force or violence” engages in one of the following actions:
- (1) Attempts to do bodily harm to another person: This includes situations where an individual takes action with the intent to cause physical injury, even if the injury does not actually occur. The attempt itself constitutes assault under this clause.
- (2) Offers to do bodily harm to another person: This refers to threatening behavior where a service member makes a credible threat of physical harm to another person. The key here is the offer and the perceived ability to carry out the threat.
- (3) Does bodily harm to another person: This is the most straightforward form of assault, where a service member actually inflicts physical injury on another individual. Any physical harm, regardless of severity, can fall under this category of assault.
Aggravated Assault: A More Serious Offense
Article 128 also outlines “aggravated assault” in section (b), which involves more severe circumstances and carries potentially harsher penalties. Aggravated assault is defined as occurring when a service member engages in any of the following:
- (1) Offers to do bodily harm with a dangerous weapon with the intent to do bodily harm: This elevates simple assault to aggravated assault when a dangerous weapon is involved in the threat, coupled with the intent to cause harm. The presence of a weapon and the intent to use it to cause injury are key factors.
- (2) Inflicts substantial bodily harm or grievous bodily harm on another person in committing an assault: If an assault results in significant injury, it can be classified as aggravated assault. “Substantial bodily harm” and “grievous bodily harm” refer to injuries that are more serious than minor harm, potentially involving broken bones, significant wounds, or other serious physical trauma.
- (3) Commits an assault by strangulation or suffocation: This addition to Article 128 specifically addresses assaults involving methods that impede breathing. Strangulation or suffocation are considered inherently dangerous and are therefore categorized as aggravated assault.
Assault With Intent to Commit Specified Offenses
Section (c) of Article 128 further addresses assault when it is committed with the intent to commit other serious crimes. This category, “Assault With Intent to Commit Specified Offenses,” applies when a service member commits assault with the intention of carrying out one of the offenses listed in paragraph (2).
The specified offenses are particularly serious felonies and include:
- Murder
- Voluntary Manslaughter
- Rape
- Sexual Assault
- Rape of a Child
- Sexual Assault of a Child
- Robbery
- Arson
- Burglary
- Kidnapping
If an assault is committed with the intent to commit any of these crimes, it falls under this section of Article 128 and is subject to punishment as directed by a court-martial.
Punishment for Article 128 Violations
For all categories of assault under Article 128, the punishment is determined by a court-martial. The severity of the punishment will depend on the specific type of assault committed, the circumstances surrounding the offense, and the service member’s overall record. Court-martial punishments can range from reprimands and reductions in rank to confinement, and in the most serious cases, dishonorable discharge.
Understanding Article 128 of the Uniform Code of Military Justice is vital for all members of the military community. It clearly defines assault offenses and ensures that those who commit acts of violence are held accountable under military law, contributing to a safe and disciplined environment within the armed forces.
