Army Trial Counsel in Contested Article 128b Cases: Prior Cases and Verdicts, 2023–2026
In 104 of 109 contested Army Article 128b (domestic violence) courts-martial from 2023 to 2026, a trial counsel of record is listed.
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Trends › Counsel Experience › Article 128b, trial counsel
Short answer: In 104 of 109 contested Army Article 128b (domestic violence) courts-martial from 2023 to 2026, a trial counsel of record is listed. The most experienced prosecutor on those teams had a median of 11.5 prior cases, and in 61 cases (59%) that prosecutor had more prior cases than the most experienced defense lawyer. Full acquittals came in 36% of cases (39 of 109), compared with 40% in all contested Army cases.
Prosecutors Had More Prior Cases in 59% of Cases
Trial counsel are the prosecutors. In the 104 cases with lawyers listed on both sides, the most experienced trial counsel of record had more prior cases than the most experienced defense counsel in 61 (59%). The prosecutor had fewer prior cases in 39 (38%). The remaining cases were tied.
This comparison uses the lawyers named in the records. It does not show who handled the trial or how each team divided the work.
Experience Defined
Experience is measured as prior cases: Army courts-martial in this data, before the trial date, on which a lawyer served as counsel of record for either side. The measure does not reflect skill. It leaves out anything a lawyer tried before the records start.
The records do not mark a lead prosecutor. Each case is grouped by whichever trial counsel of record had the most prior cases. The page does not rate or rank lawyers.
Prosecution Experience by Group
The median prior-case count for the most experienced trial counsel was 11.5. The 10 to 19 group was the largest, at 42 cases (40%). The 5 to 9 group had 27 (26%) and the 20 or more group had 21 (20%).
In 12 cases (12%), the most experienced prosecutor had 1 to 4 prior cases. In 2 cases (2%), no trial counsel of record had any prior case in this data.
| Prior cases (most experienced trial counsel) | Cases | Share |
|---|---|---|
| No prior cases | 2 | 2% |
| 1 to 4 | 12 | 12% |
| 5 to 9 | 27 | 26% |
| 10 to 19 | 42 | 40% |
| 20 or more | 21 | 20% |
Verdicts Within Each Prosecutor Group
The verdict table covers 104 contested cases that reached a verdict and list a trial counsel. In a contested case, the accused pleads not guilty to at least one charge. A partial acquittal combines a not-guilty finding on at least one charge or specification with a guilty finding on another.
The 20 or more group had 43% full acquittals and 33% partial acquittals across 21 cases. The 10 to 19 group had 29% full and 60% partial. The 5 to 9 group had 37% and 48%, and the 1 to 4 group had 33% and 58%. Of the 2 cases where no prosecutor had a prior case, 1 of 2 ended in a full acquittal.
These rows report what happened in each group. Because the evidence, plea offers, and division of work are not in the records, the rows do not show an effect of the prosecutors' experience.
| Prior cases (most experienced trial counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| No prior cases | 2 | 1 of 2 | 0 of 2 |
| 1 to 4 | 12 | 33% | 58% |
| 5 to 9 | 27 | 37% | 48% |
| 10 to 19 | 42 | 29% | 60% |
| 20 or more | 21 | 43% | 33% |
Number of Trial Counsel per Case
The records list 2 trial counsel of record in 69 cases, 1 in 18 cases, and 3 or more in 17 cases. Cases with several prosecutors are grouped by the one with the most prior cases.
Sentences in These Cases
After conviction, the median confinement was 9 months. That was shorter than the 1.5-year median for all contested Army cases in 2023–2026. Sentences are counted as adjudged at trial. Plea-agreement caps, clemency, and appeals that came later are not reflected. Each sentence covers all charges in the case, so it can include time for charges other than domestic violence.
Period and Name Coverage
The 109 cases were tried between January 2023 and July 2026, with 36 in 2023, 39 in 2024, 21 in 2025, and 13 in 2026. The 2026 total covers part of the year.
From 2021 on, Army records list counsel names almost completely. A 2023 start gives most lawyers a base of earlier cases in the data. Different spellings of the same name are merged as on Learn Your Lawyer. The Navy and Marine Corps are excluded because their records list counsel only from mid-2025, mostly by surname.
Law Changes and Missing Details
Domestic violence under Article 128b is a covered offense, and the article reaches only offenses on or after January 1, 2019. Since December 28, 2023, the decision to prosecute a covered offense has rested with special trial counsel rather than commanders. If every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records lack offense dates, so 2024 and later trials include both groups.
Charges, pleas, findings, and sentences are in the trial records. The evidence, the plea terms, and conduct handled outside a court-martial are not.
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)
- Who Defended Contested Army Article 128b Cases? Defense Counsel Experience, 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.