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# Bigger Teams for Bigger Cases? Army Counsel of Record by Charge, 2023–2026
- URL: https://www.bodiesburied.com/trends/army-counsel-of-record-team-2023-2026/
- Published: 2026-10-30T05:29:26.000Z
- Updated: 2026-10-30T05:29:26.000Z
- Description: In Army courts-martial from 2023 through October 2026, Article 120 (rape and sexual assault) cases had the largest defense teams among the common charges, an average of 1.8 defense counsel of record, with 74% listing 2 or more.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Army

[Trends](https://www.bodiesburied.com/trends/) › [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) › Bigger Teams for Bigger Cases? Army Counsel of Record by Charge, 2023–2026

**Short answer:** In Army courts-martial from 2023 through October 2026, Article 120 (rape and sexual assault) cases had the largest defense teams among the common charges, an average of 1.8 defense counsel of record, with 74% listing 2 or more. Prosecution team size changed little by charge: the average was 1.9 or 2.0 trial counsel for every charge in the table.

Based on 1721 cases · 2023–2026 · Army records · data updated October 24, 2026

## Sexual Assault Cases Listed the Most Defense Counsel

The defense table covers the most common charges in 1721 Army cases. Article 120 cases averaged 1.8 defense counsel of record, the highest in the table, and 74% of them listed 2 or more.

Article 128 (assault) came next, with an average of 1.7 and 67% of cases listing 2 or more. Article 120b (rape and sexual assault of a child) and Article 92 (failure to obey order or regulation) also averaged 1.7, with 63% and 62%.

Article 121 (larceny) cases had the smallest share with 2 or more defense counsel, 55%, and an average of 1.6\. Article 128b (domestic violence), Article 134 (general article), and Article 80 (attempts) also averaged 1.6, with 61%, 60%, and 62%.

| Charge                                       | Cases | Average defense counsel listed | Share with 2 or more |
| -------------------------------------------- | ----- | ------------------------------ | -------------------- |
| Art. 128b Domestic violence                  | 376   | 1.6                            | 61%                  |
| Art. 134 General article                     | 335   | 1.6                            | 60%                  |
| Art. 128 Assault                             | 333   | 1.7                            | 67%                  |
| Art. 120 Rape and sexual assault             | 216   | 1.8                            | 74%                  |
| Art. 92 Failure to obey order or regulation  | 154   | 1.7                            | 62%                  |
| Art. 120b Rape and sexual assault of a child | 127   | 1.7                            | 63%                  |
| Art. 80 Attempts                             | 120   | 1.6                            | 62%                  |
| Art. 121 Larceny                             | 99    | 1.6                            | 55%                  |

## Prosecution Teams Were About the Same Size for Every Charge

For trial counsel, the averages were 2.0 for Article 128b, Article 134, and Article 120, and 1.9 for each of the other charges in the table.

The share of cases with 2 or more trial counsel of record was highest for Article 134, at 88%, and was 86% for both Article 128b and Article 120\. The lowest share was for Article 121, at 74%. The others were between 81% and 82%.

On every charge in the tables, the prosecution side listed more lawyers on average than the defense side, and a higher share of cases had 2 or more trial counsel than had 2 or more defense counsel.

| Charge                                       | Cases | Average trial counsel listed | Share with 2 or more |
| -------------------------------------------- | ----- | ---------------------------- | -------------------- |
| Art. 128b Domestic violence                  | 376   | 2.0                          | 86%                  |
| Art. 134 General article                     | 334   | 2.0                          | 88%                  |
| Art. 128 Assault                             | 333   | 1.9                          | 81%                  |
| Art. 120 Rape and sexual assault             | 215   | 2.0                          | 86%                  |
| Art. 92 Failure to obey order or regulation  | 153   | 1.9                          | 82%                  |
| Art. 120b Rape and sexual assault of a child | 127   | 1.9                          | 81%                  |
| Art. 80 Attempts                             | 120   | 1.9                          | 82%                  |
| Art. 121 Larceny                             | 98    | 1.9                          | 74%                  |

## Defense and Prosecution Team Size Overall

Of 1577 cases with a defense counsel listed, 899 had 2 defense counsel of record, 626 had 1, and 52 had 3 or more. In 42 cases (3%), no defense counsel of record had a prior case in this data.

Prosecution teams were larger in general. Of 1574 cases with a trial counsel listed, 1143 had 2, 294 had 1, and 137 had 3 or more. In 67 cases (4%), no trial counsel of record had a prior case in this data.

## Reading a Team Count

A counsel of record is a lawyer the trial record names for one side. The records list names only. They do not say who led the case, how work was shared, or whether a lawyer appeared for the whole trial, so team size is a count of names and nothing more.

Elsewhere this series uses prior cases as its measure of experience: the number of courts-martial a lawyer had already been counsel of record on in this data, on either side, in the Army, before the trial date. That count is not a measure of skill and leaves out cases from before the records begin. The page does not rate or rank any lawyer.

## Case Counts and Outcomes

The 1721 cases include 469 from 2023, 478 from 2024, 446 from 2025, and 328 from 2026, a partial year running through October.

Across all of them, 24% were contested, meaning the accused pleaded not guilty to at least one charge. Among contested cases that reached a verdict, 160 of 400 ended in a full acquittal (40%). These figures cover every charge together, not any single charge in the tables.

## Law Changes in These Years

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.

Which rules applied depends on the offense date, and these records give only the trial date. Trials from 2024 on therefore combine cases under old and new rules.

## What Falls Outside the Data

Army counsel names are nearly complete from 2021, and this page starts two years later. Names written several ways are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, so they are left out.

The charge tables count a case under each listed article it includes, so a case charged under more than one of these articles appears in more than one row.

Cases resolved by nonjudicial punishment, administrative separation, or no action are not in these records. The records also do not describe the evidence or the plea terms.

Dates and sources for the law changes mentioned here: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2023–2026 (1721 cases).

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)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [First Case in the Data: How Often Was an Army Lawyer of Record New? 2023–2026](https://www.bodiesburied.com/trends/army-counsel-of-record-new-2023-2026/)
- [The Experience Gap: Defense vs. Prosecution in Contested Army Cases, 2023–2026](https://www.bodiesburied.com/trends/army-counsel-of-record-gap-2023-2026/)
- [Bigger Teams for Bigger Cases? Air Force Counsel of Record by Charge, 2018–2026](https://www.bodiesburied.com/trends/air-force-counsel-of-record-team-2018-2026/)
- [First Case in the Data: How Often Was an Air Force Lawyer of Record New? 2018–2026](https://www.bodiesburied.com/trends/air-force-counsel-of-record-new-2018-2026/)
- [The Experience Gap: Defense vs. Prosecution in Contested Air Force Cases, 2020–2026](https://www.bodiesburied.com/trends/air-force-counsel-of-record-gap-2018-2026/)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/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](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.