Note: This law applies only to Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation offenses committed on and after 1 January 2019.
What is Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation?
Article 128b of the Uniform Code of Military Justice (UCMJ) addresses domestic violence, specifically assault by strangulation or suffocation. This offense involves intentionally impeding someone’s normal breathing or circulation by applying pressure to the throat or neck or covering the mouth or nose. Such charges are grave and carry severe penalties, including lengthy confinement, dishonorable discharge, and federal felony conviction.
For individuals accused of this crime, seeking the best military defense lawyers is imperative. Article 128b UCMJ Domestic Violence lawyers understand the complexities of military law and can provide robust defense strategies. The stakes are high; a conviction can result in legal penalties and significant personal and professional repercussions. An experienced lawyer can help navigate the legal process, challenge the prosecution’s evidence, and work towards achieving the best possible outcome.
Note: The maximum and minimum punishments for Article 128b UCMJ Domestic Violence vary depending on the date of the offense.
In the military, the crime of Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation falls under the general offense category of Domestic Violence. It is one of the more serious offenses under the UCMJ and carries increased punishments.
What are Article 128b UCMJ Domestic Violence Offenses?
- Article 128b UCMJ Domestic Violence – Violent Offense
- Article 128b UCMJ Domestic Violence – Offense With Intent To Threaten or Intimidate
- Article 128b UCMJ Domestic Violence – Offense Against Any Property With Intent To Threaten or Intimidate
- Article 128b UCMJ Domestic Violence – Violation of Protection Order With Intent To Threaten or Intimidate
- Article 128b UCMJ Domestic Violence – Violation of Protection Order With Intent To Commit Violent Offense
- Article 128b UCMJ Domestic Violence – Assault By Strangulation or Suffocation
What are the Elements of Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation?
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That (state the time and place alleged), the accused assaulted (state the name of the alleged victim) the (spouse) (intimate partner) (immediate family member) of the accused;
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That the accused did so by (strangling) (suffocating) (state the name of the alleged victim); and
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That the (strangulation) (suffocation) was done with unlawful force or violence. and
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Note: When the alleged victim is a child under 16, add the following element. That, at the time, (state the name of the alleged victim) was a child under the age of 16 years.
What are the Maximum Punishments for Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation upon a child under the age of 16?
For offenses committed between 1 January 2019 and 27 December 2023:
- 11 Years of Confinement
- Dishonorable Discharge, BCD, Dismissal
- Total Forfeitures
- Reduction to E-1
- Federal Felony Conviction
For offenses committed after 27 December 2023
- Under the Sentencing Parameters, Article 128b UCMJ is a Category 3 Offense
- Mandatory confinement ranges from 30-120 months (2 years and 6 months to 10 years)
- Dishonorable Discharge, BCD, Dismissal
- Total Forfeitures
- Reduction to E-1
- Federal Felony Conviction
- Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence.
What are the Maximum Punishments for Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation of a Person 16 Years and Older?
For aggravated assault by strangulation or suffocation when committedupon a child under 16 yearsoffenses committed between 1 January 2019 and 27 December 2023:
- 8 Years of Confinement
- Dishonorable Discharge, BCD, Dismissal
- Total Forfeitures
- Reduction to E-1
- Federal Felony Conviction
For domestic violence aggravated assault by strangulation or suffocation when committedupon a person 16 years or oldercommitted after 27 December 2023
- Under the Sentencing Parameters, Article 128b UCMJ is a Category 2 Offense
- Mandatory confinement ranges from 1-36 months (1 month to 3 years)
- Dishonorable Discharge, BCD, Dismissal
- Total Forfeitures
- Reduction to E-1
- Federal Felony Conviction
- Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence.
Combined UCMJ Maximum Punishment Charts
- Maximum Punishments for UCMJ Offenses 2024: Combined UCMJ Punishments Chart
- UCMJ Lesser Included Offenses Chart 2024 UCMJ
Sample Specification for Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation
In that Capt Andrew Kennedy, US Air Force, 73rd Bomber Wing, did at or near Hickman Air Force Base, Florida, on or about 5 June 2025, commit an assault upon 2nd Lt Susie Victm, the spouse of the accused, by unlawfully strangling her with his hands.
Model Specification for Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation
In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, commit an assault upon __________, the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, by unlawfully (strangling) (suffocating) him/her (with/by _________).
What are the Definitions for Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation?
The term “violent offense” means a violation of the following:
(a) Article 118, UCMJ,
(b) Article 119(a), UCMJ,
(c) Article 119a, UCMJ,
(d) Article 120, UCMJ,
(e) Article 120b, UCMJ,
(f) Article 122, UCMJ,
(g) Article 125, UCMJ,
(h) Article 126, UCMJ,
(i) Article 128, UCMJ,
(j) Article 128a, UCMJ,
(k) Article 130, UCMJ, or
(l) Any other offense that has an element that includes the use, attempted use, or threatened use of physical force against the person or property of another.
The term “spouse” means one’s husband or wife by lawful marriage.
The term “intimate partner” means either (a) one’s former spouse, a person with whom one shares a child in common, or a person with whom one cohabits or with whom one has cohabited as a spouse; or (b) a person with whom one has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
The term “immediate family” means either (a) one’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or (b) any other person living in one’s household to whom he or she is related by blood or marriage. “In loco parentis,” meaning “in place of a parent,” is a legal doctrine describing a relationship similar to that of a parent to a child; it refers to an individual who assumes parental status and responsibilities for another individual, usually a young person, without formally adopting that person.)
The term “strangulation” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or wh ether there is any intent to kill or protractedly injure the victim.
The term “suffocation” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.
“Bodily harm” means an offensive touching of another, however slight. An infliction of bodily harm is “unlawful” if done without legal justification or excuse and without the lawful consent of the victim.
An assault in which bodily harm is inflicted is called a “battery.” A “battery” is an unlawful infliction of bodily harm to another, made with force or violence, by an intentional (or a culpably negligent) act or omission.
“Culpable negligence” is a degree of carelessness greater than simple negligence.
“Simple negligence” is the absence of due care. The law requires everyone at all times to demonstrate the care for the safety of others that a reasonably careful person would demonstrate under the same or similar circ*mstances; that is what “due care” means.
“Culpable negligence,” on the other hand, is a negligent (act) (or) (failure to act) accompanied by a gross, reckless, wanton, or deliberate disregard for the foreseeable results to others.
Potential Collateral Consequences of a Conviction of Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation and a Federal Conviction
- Employment will be severely limited (many employers won’t hire a convict)
- Inability to enroll in college, university, or trade school
- Loss of GI Bill
- Loss of military career
- Loss of retirement benefits.
- Loss of VA benefits.
- Loss of medical benefits.
- Loss of spouse, family members, and friends
- Loss of income while in jail
- Mental, physical suffering before and after prison
- Ineligibility for public benefits, such as food stamps
- Ineligibility for government-sponsored student loans and grants;
- Restrictions on certain types of employment or occupational licenses;
- Ineligibility to provide foster care to minor family members
- Prohibitions on working with children
- Loss of professional license or certification
- Limitations on adoption or foster care
Article 128b UCMJ Domestic Violence Assault By Strangulation or Suffocation
Strangulation and suffocation are extremely dangerous acts that can cause immediate and long-term harm. These methods of assault can lead to severe physical and psychological consequences, making them particularly concerning forms of domestic violence.
Physical Dangers ofStrangulation or Suffocation
1. Brain Damage: Strangulation can impede blood flow and oxygen to the brain, potentially causing brain damage within minutes. This can result in loss of consciousness, memory issues, and long-term cognitive deficits.
2. Asphyxiation: Suffocation, by blocking airways, prevents oxygen from reaching vital organs, leading to asphyxiation. Even a brief interruption in breathing can cause irreversible damage to the brain and other organs.
3. Internal Injuries: Applying pressure to the neck can cause internal injuries, such as fractured larynx, damaged trachea, and carotid artery injuries. These can lead to complications like stroke or death.
4. Delayed Symptoms: Often, victims of strangulation may not show immediate, visible signs of injury. Symptoms like difficulty breathing, hoarseness, and swelling can appear hours or days later, complicating diagnosis and treatment.
Psychological Impact
1. Trauma: The experience of being strangled or suffocated can be profoundly traumatic, leading to post-traumatic stress disorder (PTSD), anxiety, and depression. Victims may relive the incident through flashbacks and nightmares.
2. Fear and Control: Strangulation is a highly intimate and terrifying form of violence that can instill deep fear and a sense of helplessness in victims. It is often used by abusers as a method of exerting control and dominance.
Legal Implications
Given the severe implications of strangulation and suffocation, these acts are treated with utmost seriousness in the legal system. Charges under Article 128b of the UCMJ reflect the gravity of these actions, with stringent penalties aimed at addressing the harm inflicted on victims and deterring future occurrences.
Importance of Seeking Help
For anyone experiencing or witnessing these forms of violence, it is critical to seek help immediately. Medical attention is necessary to assess and treat injuries, even if they are not immediately apparent. Psychological support can help victims cope with the trauma and start the healing process.
Conclusion
Strangulation and suffocation are not only physically damaging but also psychologically traumatizing. Understanding the dangers associated with these forms of assault underscores the need for stringent legal measures and comprehensive support systems for victims. Recognizing the signs and seeking immediate help can save lives and facilitate recovery for those affected.
Why Seek Legal Assistance?
1. Complex Legal System: The military justice system has unique procedures and regulations. The best military defense lawyers know to navigate these complexities effectively.
2. Severe Penalties: Convictions under Article 128b can lead to long-term confinement, loss of military career, benefits, and more. A skilled lawyer can help mitigate these consequences.
3. Evidence Scrutiny: Legal professionals can meticulously examine the evidence, identify any procedural errors, and challenge the credibility of the prosecution’s case.
4. Support and Guidance: Accusations of domestic violence can be overwhelming. Legal counsel provides the necessary support and guidance throughout the legal proceedings.
Charges under Article 128b UCMJ require immediate legal intervention. The best military defense lawyers are equipped to defend against these serious allegations, ensuring the accused’s rights are protected and working towards the most favorable outcome. For anyone facing such charges, securing a proficient defense lawyer is crucial.
If you are suspected or accused of Article 128bUCMJ Domestic Violence Assault By Strangulation or Suffocation, speak with one of our experienced military court martial lawyers to discuss your case.
