Appendix 12

Maximum Punishment Chart

This chart was compiled for convenience purposes only and is not the authority for specific punishments. See Part IV and R.C.M. 1003 for specific limits and additional information concerning maximum punishments.

Punitive article

Find an offense

Reset

Article	Offense	Discharge	Confinement	Forfeitures
128	Assault
	Simple assault
	Generally	None	3 mos.	2/3 3 mos.
	When committed with a firearm/other dangerous weapon	DD, BCD	2 yrs.	Total
	When committed with a loaded firearm	DD, BCD	4 yrs.	Total
	Battery
	Assault consummated by a battery	BCD	6 mos.	Total
	Assault upon a commissioned officer of the armed forces of the United States or of a friendly foreign power, not in the execution of office	DD, BCD	3 yrs.	Total
	Assault upon a warrant officer, not in the execution of office	DD, BCD	18 mos.	Total
	Assault upon a noncommissioned or petty officer, not in the execution of office	BCD	6 mos.	Total
	Assault upon a sentinel or lookout in the execution of duty, or upon any person who, in the execution of office, is performing security police, military police, shore patrol, master at arms, or other military or civilian law enforcement duties	DD, BCD	3 yrs.	Total
	Assault consummated by a battery upon a child under 16 years, spouse, intimate partner, or an immediate family member	DD, BCD	2 yrs.	Total
	Aggravated assault
	Aggravated assault with a dangerous weapon
	When committed with a loaded firearm	DD, BCD	8 yrs.	Total
	When committed upon a child under the age of 16 years, spouse, intimate partner, or an immediate family member	DD, BCD	5 yrs.	Total
	Other cases	DD, BCD	3 yrs.	Total
	Aggravated assault in which substantial bodily harm in inflicted
	When the injury is inflicted with a loaded firearm	DD, BCD	8 yrs.	Total
	When the injury is inflicted upon a child under the age of 16 years, spouse, intimate partner, or an immediate family member	DD, BCD	6 yrs.	Total
	Other cases	DD, BCD	3 yrs.	Total
	Aggravated assault in which grievous bodily harm is inflicted
	When the injury is inflicted with a loaded firearm	DD, BCD	10 yrs.	Total
	When the injury is inflicted upon a child under the age of 16 years, spouse, intimate partner, or an immediate family member	DD, BCD	8 yrs.	Total
	Other cases	DD, BCD	5 yrs.	Total
	Assault with intent to commit specified offenses
	Assault with the intent to commit murder, rape, or rape of a child	DD, BCD	20 yrs.	Total
	Assault with intent to commit voluntary manslaughter, robbery, arson, burglary, and kidnapping	DD, BCD	10 yrs.	Total

NOTES

Suspended in time of war
See paragraph 18d(1) & (2) Note, Part IV
When any offense under paragraph 50, Part IV, is committed: while the accused is on duty as a sentinel or lookout; on board a vessel or aircraft used by or under the control of the armed forces; in or at a missile launch facility used by or under the control of the armed forces; while receiving special pay under 37 U.S.C. sec. 310; in time of war; or in a confinement facility used by or under the control of the armed forces, the maximum period of confinement authorized for such offense shall be increase by 5 years.
With or without the eligibility for parole.
A dishonorable discharge may be reduced to a bad-conduct discharge by the convening authority in accordance with a plea agreement.

Not legal advice. This chart reproduces MCM Appendix 12, which is itself expressly a convenience document and not the authority for any punishment. The governing limits are in Part IV and R.C.M. 1003, and a sentence is further constrained by the jurisdictional maximums of the court-martial, any plea agreement, and Article 56. Verify against the current Manual and consult a judge advocate or qualified counsel.