Military Sentencing Guidelines

October 18, 2025

In 2024, Military Sentencing Guidelines were implemented for the first time. Prior to this, Military Judges and Panels (Juries), had almost no guidelines and could sentence a Servicemember to any punishment authorized by the specific offense. Now, with the new Military Sentencing Guidelines, Military Judges sentence Servicemembers (not panels), and sentences are supposed to be within set parameters.

The Military Sentencing Guidelines break UCMJ offenses into 6 categories (Appendix 12b MCM) with the following suggested confinement periods:

Category 1: 0-12 months
Category 2: 1-36 months
Category 3: 30-120 months
Category 4: 120-240 months
Category 5: 240-480 months
Category 6: life without the eligibility for parole

The updated Military Sentencing Guidelines also define what specific UCMJ offenses fit into each category. The complete list can be downloaded here, from Appendix 12c of the MCM. The following common UCMJ offenses are highlighted by Attorney Barry:

Desertion (Article 85): Category 1
Desertion terminated by apprehension (Article 85): Category 2
AWOL (Article 86): Category 1
Failure to Obey a Lawful Order (Article 92): Category 1
Prohibited Activities with a Military Recruit or Trainee by Person in Position of Special Trust (Article 93a): Category 2
False Official Statement (Article 107): Category 2
Wrongful Use or Possession of a Controlled Substance (Article 112a): Category 1
Wrongful Distribution or Possession with Intent to Distribute a Controlled Substance (Article 112a): Category 2
Communicating a Threat (Article 115): Category 2
Wrongful Broadcast or Distribution of Intimate Visual Images, or Revenge Porn, (Article 117a): Category 2
Murder (Article 118): Category 5 or 6
Manslaughter (Article 119): Category 3 or 4
Rape (Article 120): Category 4
Sexual Assault (Article 120): Category 3
Abusive Sexual Contact (Article 120): Category 2
Rape of a Child (Article 120b): Category 5
Sexual Assault of a Child (Article 120b): Category 4
Indecent Viewing (Article 120c): Category 1
Indecent Recording (Article 120c): Category 2
Indecent Exposure (Article 120c): Category 1
Larceny (Article 121): Category 1 (under $1,000) and Category 2 (over $1,000)
Assault Consummated by a Battery (Article 128): Category 1
Strangulation (Article 128): Category 2
Aggravated Assault (Article 128): Category 2 or 3
Domestic Violence (Article 128b): Depends on the Underlying Offense
Child Pornography (Article 134): Category 2 or 3 (if possession with intent to distribute)
Disorderly Conduct/Drunk and Disorderly (Article 134): Category 1
Extramarital Sexual Conduct/Adultery (Article 134): Category 1
Fraternization (Article 134): Category 1
Indecent Conduct (Article 134): Category 2
Sexual Harassment (Article 134): Category 2

Furthermore, the Military Sentencing Guidelines provide the Military Judge with specific factors to consider for Offenses that are not assigned a Category number. The complete list is available in Appendix 12D of the MCM. These Offenses are very uncommon and rarely charged.

Attorney Barry has noticed that Military Judges give the Military Sentencing Guidelines great deference. While they are allowed to sentence those convicted to lesser or higher sentences, it is rare. Furthermore, if this occurs, a specific finding must be made by the Military Judge and certain mandatory factors must be considered. These factors can be found in the Military Judges Benchbook, available for download at this link.

It is imperative that Military Defense Lawyers know the Military Sentencing Guidelines, as well as the factors that can lead to downward and upward departures from them. These factors should be presented in any Sentencing case and cited during a sentencing argument. Furthermore, the Military Sentencing Guidelines, and downward/upward departure factors, should be leveraged during plea negations if a Servicemember intends to plead Guilty. Doing so can result in a more favorable plea deal.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has extensive Court-Martial experience and has achieved countless victories for his clients in Court.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.