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# Who Prosecuted Contested Army Article 128 Cases? Trial Counsel Experience, 2023–2026
- URL: https://www.bodiesburied.com/trends/army-article-128-trial-counsel-experience-2023-2026/
- Published: 2026-10-30T05:28:38.000Z
- Updated: 2026-11-03T01:45:43.000Z
- Description: The Army tried 115 contested Article 128 (assault) courts-martial from 2023 to 2026. In the 109 that list a trial counsel of record, the most experienced prosecutor had a median of 11 prior cases in the data.
- 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, trial counsel

**Short answer:** The Army tried 115 contested Article 128 (assault) courts-martial from 2023 to 2026\. In the 109 that list a trial counsel of record, the most experienced prosecutor had a median of 11 prior cases in the data. The full-acquittal rate was 34% (39 of 115), compared with 40% across all contested Army cases, and the median confinement was 2.2 years, compared with 1.5 years.

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

## A Median of 11 Prior Cases for Prosecutors

Trial counsel prosecute courts-martial on behalf of the government. A trial counsel of record is listed in 109 of the 115 cases. For the most experienced prosecutor on each of those teams, the median count of prior cases was 11.

The 10 to 19 group was the largest, with 38 cases (35%). The 5 to 9 group had 28 cases (26%), and the 20 or more group had 23 (21%). The 1 to 4 group had 18 cases (17%). In 2 cases (2%), none of the listed trial counsel had a prior case in this data.

| Prior cases (most experienced trial counsel) | Cases | Share |
| -------------------------------------------- | ----- | ----- |
| No prior cases                               | 2     | 2%    |
| 1 to 4                                       | 18    | 17%   |
| 5 to 9                                       | 28    | 26%   |
| 10 to 19                                     | 38    | 35%   |
| 20 or more                                   | 23    | 21%   |

## Defining a Prior Case

The count for a lawyer covers Army courts-martial in this data, tried before the date of the case in question, on which that lawyer was counsel of record on either side. It is a tally of appearances. It does not measure skill, and it misses any cases tried before the records begin.

Because the records do not say who led a team, each case is grouped by the trial counsel of record with the highest count. The page does not rate or rank any lawyer.

## How Verdicts Varied by Group

The verdict table covers the 109 contested cases that reached a verdict and list a trial counsel. In a contested case, the accused pleaded not guilty to at least one charge. A partial acquittal is a mixed verdict: not guilty of some charges or specifications and guilty of others.

The 20 or more group had a full-acquittal rate of 43% and a partial-acquittal rate of 30% across 23 cases. The 10 to 19 group had 32% and 53%. The 5 to 9 group had 25% and 54%, and the 1 to 4 group had 33% and 61%. Of the 2 cases in which no prosecutor had a prior case, 1 of 2 ended in a full acquittal and 1 of 2 in a partial acquittal.

These rows describe how cases in each group ended. The records do not include the evidence, plea offers, or who did the work, so they do not show an effect of prosecutor experience.

| Prior cases (most experienced trial counsel) | Contested cases | Full acquittal | Partial acquittal |
| -------------------------------------------- | --------------- | -------------- | ----------------- |
| No prior cases                               | 2               | 1 of 2         | 1 of 2            |
| 1 to 4                                       | 18              | 33%            | 61%               |
| 5 to 9                                       | 28              | 25%            | 54%               |
| 10 to 19                                     | 38              | 32%            | 53%               |
| 20 or more                                   | 23              | 43%            | 30%               |

## Prosecution Team Size

Most cases, 76 of 109, list 2 trial counsel of record. Another 19 list 3 or more, and 14 list 1.

## Comparing Prosecution and Defense Experience

Both sides have lawyers listed in 109 cases. In 63 of them (58%), the most experienced trial counsel had more prior cases than the most experienced defense counsel. In 45 (41%), the trial counsel had fewer. The rest were tied.

## Sentences in These Assault Cases

Convictions in this group carried a median of 2.2 years of confinement. Across all contested Army cases in 2023–2026, the median was 1.5 years. The figures are adjudged sentences, set at trial, and they do not reflect any plea-agreement cap, clemency, or appeal.

A sentence covers every charge in a case. When a case includes other charges, the confinement figure covers those charges as well as the assault.

## Dates and Counsel Name Coverage

The data holds these cases from January 2023 to August 2026: 44 in 2023, 35 in 2024, 25 in 2025, and 11 in 2026\. The 2026 count is a partial year.

Army counsel names are recorded nearly in full from 2021\. This page starts in 2023 so most lawyers have prior cases already in the data. Name spellings are merged the same way as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, so they are not used.

## Rule Changes and What Falls Outside the Records

Article 128 is not a covered offense, but special trial counsel who take a covered offense can also take related charges, such as an assault tied to a domestic violence allegation. Special trial counsel have made the prosecution decision for covered offenses since December 28, 2023\. When all guilty findings are for offenses after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Offense dates are not in the records, so trials from 2024 on mix both systems.

Only cases that reached a courtroom appear here. Nonjudicial punishment, administrative separation, and cases with no action are absent, and the evidence and plea terms are not described.

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)
- [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 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.