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# Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026
- URL: https://www.bodiesburied.com/trends/army-article-128-defense-counsel-experience-2023-2026/
- Published: 2026-10-30T05:28:37.000Z
- Updated: 2026-11-03T01:45:43.000Z
- Description: Of 115 contested Army assault courts-martial (Article 128) tried from 2023 to 2026, 39 ended in a full acquittal (34%), compared with 40% across all contested Army cases.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Army, Article 128

[Trends](https://www.bodiesburied.com/trends/) › [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) › Article 128, defense counsel

**Short answer:** Of 115 contested Army assault courts-martial (Article 128) tried from 2023 to 2026, 39 ended in a full acquittal (34%), compared with 40% across all contested Army cases. A defense counsel of record is listed in 109 of the cases, and the most experienced defense lawyer on those teams had a median of 8 prior cases in the data.

Based on 115 cases · 2023–2026 · Army records · data updated October 24, 2026

## Full Acquittals in Contested Assault Cases

All 115 cases were contested: in each, the accused pleaded not guilty to at least one charge. Full acquittals, meaning not guilty of every charge, came in 39 cases (34%). In all contested Army cases from 2023–2026, the rate was 40%.

Convictions carried a median confinement of 2.2 years. The median across all contested Army cases was 1.5 years. Sentences are counted as adjudged at trial, so later plea-agreement caps, clemency, and appeals are not reflected, and each sentence covers every charge in the case.

## The Experience Measure

For each lawyer, experience is the count of earlier Army courts-martial in this data on which the lawyer appeared as counsel of record, for either side, before the trial date. A lawyer's work before the records start is not captured. The count is not a measure of skill.

Defense teams in these cases usually had more than one lawyer, and the records do not show who led. Each case is sorted by its most experienced defense counsel of record. No lawyer is rated or ranked.

## Defense Experience by Group

The median prior-case count for the most experienced defense lawyer was 8\. The largest group was 5 to 9 prior cases, with 48 cases (44%). Next came 10 to 19, with 36 cases (33%).

There were 16 cases (15%) in the 1 to 4 group and 7 (6%) in the 20 or more group. In 2 cases (2%), no defense counsel of record had a prior case in this data.

| Prior cases (most experienced defense counsel) | Cases | Share |
| ---------------------------------------------- | ----- | ----- |
| No prior cases                                 | 2     | 2%    |
| 1 to 4                                         | 16    | 15%   |
| 5 to 9                                         | 48    | 44%   |
| 10 to 19                                       | 36    | 33%   |
| 20 or more                                     | 7     | 6%    |

## Verdicts Grouped by Defense Experience

The verdict table covers the 109 contested cases that reached a verdict and list a defense counsel. A partial acquittal is a finding of not guilty on at least one charge or specification and guilty on another.

The 5 to 9 and 10 to 19 groups had similar results. In the 5 to 9 group, 40% of the 48 cases ended in a full acquittal and 40% in a partial acquittal. In the 10 to 19 group, the rates were 39% and 42%. In the 1 to 4 group, 6% of the 16 cases ended in a full acquittal and 94% in a partial acquittal. In the 20 or more group, 2 of 7 ended in a full acquittal and 4 of 7 in a partial acquittal.

Evidence, plea offers, and the division of work on each team are not in the records. These rows report outcomes and do not show that experience changed any result.

| Prior cases (most experienced defense counsel) | Contested cases | Full acquittal | Partial acquittal |
| ---------------------------------------------- | --------------- | -------------- | ----------------- |
| No prior cases                                 | 2               | 0 of 2         | 1 of 2            |
| 1 to 4                                         | 16              | 6%             | 94%               |
| 5 to 9                                         | 48              | 40%            | 40%               |
| 10 to 19                                       | 36              | 39%            | 42%               |
| 20 or more                                     | 7               | 2 of 7         | 4 of 7            |

## Number of Defense Counsel Listed

Of the 109 cases with a listed defense counsel, 74 named 2 defense counsel of record, 24 named 1, and 11 named 3 or more.

## Matching the Two Sides

Lawyers appear on both sides in 109 cases. The most experienced defense counsel had fewer prior cases than the most experienced trial counsel in 63 of them (58%). The defense counsel had more in 45 (41%). The remaining cases were tied. Trial counsel are the prosecutors.

## Trial Years and Counsel Coverage

These 115 cases were tried from January 2023 through August 2026\. There were 44 in 2023, 35 in 2024, 25 in 2025, and 11 in 2026\. The 2026 figure is for part of the year.

Army records name counsel nearly completely from 2021 forward. A start date two years later means most lawyers on this page already have earlier cases recorded. Names that appear in several spellings are joined as on Learn Your Lawyer. Navy and Marine Corps counsel names appear only from mid-2025, mostly as surnames, so those services are not covered.

## Special Trial Counsel and Record Gaps

Assault under Article 128 is not a covered offense. Since December 28, 2023, special trial counsel have decided whether covered offenses such as sexual assault and domestic violence are prosecuted, and they can also take related charges, such as an assault tied to a domestic violence allegation. When all guilty findings are for offenses after December 27, 2023, the military judge sets the sentence within new sentencing parameters.

The records list trial dates but not offense dates, so trials from 2024 on combine old-rule and new-rule cases. They also leave out the evidence, the plea terms, and cases handled by nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see [Article 128 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?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 128 and had a not-guilty or mixed plea (115 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 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub)
- [Who Prosecuted Contested Army Article 128 Cases? Trial Counsel Experience, 2023–2026](https://www.bodiesburied.com/trends/army-article-128-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 121 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-121-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 128 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-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.