Who Defended Contested Army Article 128b Cases? Defense Counsel Experience, 2023–2026
The records hold 109 contested Army domestic violence courts-martial (Article 128b) from 2023 to 2026. The median confinement after conviction was 9 months, shorter than the 1.5 years across all contested Army cases, and 39 cases ended in a full acquittal (36%), compared with 40%.
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Short answer: The records hold 109 contested Army domestic violence courts-martial (Article 128b) from 2023 to 2026. The median confinement after conviction was 9 months, shorter than the 1.5 years across all contested Army cases, and 39 cases ended in a full acquittal (36%), compared with 40%. In the 104 cases that list a defense counsel of record, the most experienced defense lawyer had a median of 10 prior cases.
Shorter Confinement Than the Army Contested Median
Each of these cases was contested, which means the accused entered a not-guilty plea to at least one charge. For convictions, the median confinement was 9 months. All contested Army cases in 2023–2026 had a median of 1.5 years.
These sentences are the ones adjudged at trial. Any reduction under a plea-agreement cap, clemency, or appeal comes later and is not shown. A sentence covers all charges in the case, not only the domestic violence charge.
Of the 109 cases, 39 ended in a full acquittal on every charge (36%). The rate across all contested Army cases was 40%.
Defense Lawyers Compared With Prosecutors
Lawyers on both sides are listed in 104 cases. In 61 of them (59%), the most experienced defense counsel of record had fewer prior cases than the most experienced trial counsel, who is the prosecutor. In 39 cases (38%), the defense lawyer had more. The rest were tied.
How the Count Works
A lawyer's experience here is the number of Army courts-martial in this data where that lawyer was already counsel of record, on either side, before the trial date. It is not a skill rating. Cases before the records start are not captured.
With most cases listing several defense lawyers and no lead named, each case goes into the group of its most experienced defense counsel of record. No lawyer is rated or ranked on this page.
Experience Groups on the Defense Side
The median prior-case count for the most experienced defense lawyer was 10. The 10 to 19 group held 46 cases (44%), and the 5 to 9 group held 31 (30%).
Smaller groups made up the rest: 18 cases (17%) in the 1 to 4 group, 7 (7%) in the 20 or more group, and 2 (2%) where no listed defense counsel had a prior case in this data.
| Prior cases (most experienced defense counsel) | Cases | Share |
|---|---|---|
| No prior cases | 2 | 2% |
| 1 to 4 | 18 | 17% |
| 5 to 9 | 31 | 30% |
| 10 to 19 | 46 | 44% |
| 20 or more | 7 | 7% |
Acquittals by Defense Experience Group
The verdict table covers 104 contested cases that reached a verdict and list a defense counsel. A partial acquittal means the accused was found not guilty of at least one charge or specification and guilty of another.
Full acquittals came in 42% of the 31 cases in the 5 to 9 group, with 45% partial acquittals. The 10 to 19 group had 30% full and 52% partial acquittals across 46 cases. The 1 to 4 group had 33% full and 61% partial. In the 20 or more group, 3 of 7 ended in a full acquittal and 2 of 7 in a partial acquittal.
The table describes results only. Evidence, plea offers, and who did the work are not in the records, so the rows cannot show that experience made a difference.
| 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 | 18 | 33% | 61% |
| 5 to 9 | 31 | 42% | 45% |
| 10 to 19 | 46 | 30% | 52% |
| 20 or more | 7 | 3 of 7 | 2 of 7 |
Defense Team Size
In 70 of the 104 cases, 2 defense counsel of record are listed. A single defense counsel is listed in 28 cases, and 3 or more in 6. When more than 1 lawyer is listed, the case is placed by the one with the most prior cases.
Trial Years and Records Used
There were 36 cases in 2023, 39 in 2024, 21 in 2025, and 13 in 2026, running from January 2023 through July 2026. The 2026 count is a partial year.
Counsel names are close to complete in Army records starting in 2021. This page begins in 2023 so that most lawyers have a prior record in the data. Spelling variants are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025 and mostly by surname, so they are not included.
Domestic Violence Rules and Record Limits
Article 128b applies only to offenses on or after January 1, 2019, so earlier conduct of this kind was charged under other articles. It is also a covered offense: since December 28, 2023, special trial counsel instead of commanders decide whether to prosecute it. Where every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records give trial dates, not offense dates, so trials from 2024 on mix old and new rules.
The records also do not show the evidence, the plea terms, or conduct handled outside a court-martial.
For what the offense covers and how it is defended, see Article 128b on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army courts-martial with trial dates in 2023–2026 that charged Article 128b and had a not-guilty or mixed plea (109 cases). Counsel of record are as listed in the public records.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Counsel Experience (hub)
- Article 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends (hub)
- Army Trial Counsel in Contested Article 128b Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026
- Article 128b explained on the law firm's website
- Search every case in Military Trial Results (members)
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. This analysis is for education and information only. It is not legal advice, and every case is different.