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# Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026
- URL: https://www.bodiesburied.com/trends/army-article-121-defense-counsel-experience-2023-2026/
- Published: 2026-10-30T08:18:28.000Z
- Updated: 2026-11-03T01:44:44.000Z
- Description: Of 14 contested Army courts-martial charging Article 121 (larceny) from 2023 to 2026, 3 ended in a full acquittal (21%). The rate for all contested Army cases in those years was 40%.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Army, Article 121

[Trends](https://www.bodiesburied.com/trends/) › [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) › Article 121, defense counsel

**Short answer:** Of 14 contested Army courts-martial charging Article 121 (larceny) from 2023 to 2026, 3 ended in a full acquittal (21%). The rate for all contested Army cases in those years was 40%. In the 13 cases that list a defense counsel of record, the most experienced defense lawyer had a median of 11 prior cases in this data.

Based on 14 cases · 2023–2026 · Army records · data updated October 24, 2026

## Full Acquittals Were Less Common Than Army-Wide

Each of the 14 cases was contested: the accused pleaded not guilty to at least one charge. Only 3 of the 14 ended with the accused acquitted of all charges (21%). Across every contested Army case in 2023–2026, that rate was 40%.

Among enlisted members who were convicted, 70% received a punitive discharge, about the same as the 68% for all contested Army cases. For enlisted members, a punitive discharge is a bad-conduct discharge or a dishonorable discharge. A sentence without one can still be followed by an administrative separation.

## Most Defense Teams Had 10 to 19 Prior Cases

In 7 of the 13 cases with a listed defense counsel (54%), the most experienced defense lawyer of record had 10 to 19 prior cases. The 1 to 4, 5 to 9, and 20 or more groups had 2 cases each (15% each).

No defense team was without prior experience in the data. In every case, at least one defense counsel of record had appeared on an earlier court-martial.

| Prior cases (most experienced defense counsel) | Cases | Share |
| ---------------------------------------------- | ----- | ----- |
| No prior cases                                 | 0     | 0%    |
| 1 to 4                                         | 2     | 15%   |
| 5 to 9                                         | 2     | 15%   |
| 10 to 19                                       | 7     | 54%   |
| 20 or more                                     | 2     | 15%   |

## Defining Experience

A prior case is any earlier Army court-martial, before the trial date, on which the lawyer was counsel of record in this data. Both defense and prosecution appearances count. The number is not a measure of skill, and work done before the records start is not included.

Most cases list more than one defense lawyer, and the records do not name a lead. Each case is therefore placed by its most experienced defense counsel of record. The page does not rate or rank any lawyer.

## Verdicts Within Each Experience Group

The verdict table covers the 13 contested cases with a listed defense counsel. A partial acquittal means not guilty of at least one charge or specification but guilty of another.

In the 10 to 19 group, 1 of 7 cases ended in a full acquittal and 4 of 7 in a partial acquittal. Both cases in the 5 to 9 group ended in a full acquittal (2 of 2). Neither the 1 to 4 group nor the 20 or more group had a full acquittal, and every case in those 2 groups ended in a partial acquittal (2 of 2 each).

With groups this small, a single case changes the pattern. The records do not show the evidence, any plea offers, or which lawyer did the work. These rows describe outcomes, not the effect of experience.

| Prior cases (most experienced defense counsel) | Contested cases | Full acquittal | Partial acquittal |
| ---------------------------------------------- | --------------- | -------------- | ----------------- |
| 1 to 4                                         | 2               | 0 of 2         | 2 of 2            |
| 5 to 9                                         | 2               | 2 of 2         | 0 of 2            |
| 10 to 19                                       | 7               | 1 of 7         | 4 of 7            |
| 20 or more                                     | 2               | 0 of 2         | 2 of 2            |

## Team Size and the Other Side

Of the 13 cases, 8 listed 2 defense counsel of record, 3 listed 1, and 2 listed 3 or more.

Both sides have lawyers listed in 13 cases. Comparing the most experienced lawyer on each side, the defense had more prior cases in 7 (54%) and fewer in 4 (31%). The remaining 2 were tied.

## When the Cases Were Tried

The trials took place from January 2023 to September 2026\. There were 4 in 2023, 1 in 2024, 6 in 2025, and 3 in 2026, a year still in progress.

Army counsel names are close to complete from 2021, and the page begins two years later so most lawyers have a record of earlier cases. Spelling variants of a name are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, and are not included.

## Rule Changes and Missing Details

Since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records have no offense dates, so trials from 2024 on mix the old and new rules.

Only cases that reached a courtroom appear. Nonjudicial punishment, administrative separation, the evidence, and plea terms are not part of the records.

For what the offense covers and how it is defended, see [Article 121 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-121/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2023–2026 that charged Article 121 and had a not-guilty or mixed plea (14 cases). Counsel of record are as listed in the public records.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) (hub)
- [Article 121 (Larceny): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-121-courts-martial/) (hub)
- [Who Prosecuted Contested Army Article 121 Cases? Trial Counsel Experience, 2023–2026](https://www.bodiesburied.com/trends/army-article-121-trial-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-107-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-112a-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-115-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-120-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-128-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 131b Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-131b-defense-counsel-experience-2023-2026/)
- [Article 121 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-121/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**Compare: federal court.** [Theft and Fraud: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-vs-army/)

**About the author.** Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts *Where All The Bodies Are Buried* and runs the [Law Office of Jocelyn C. Stewart](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.