Domestic violence and assault allegations are often born in custody disputes, divorces, and breakups — and they can end a career. The cases below are real. Cave & Freeburg, LLP defends service members worldwide against Article 128 charges, aggravated assault, strangulation, MPO violations, and threats, from courts-martial to Boards of Inquiry to appeals.

Important. Below are real cases that we have defended. All cases are different. A success in one case does not guarantee success in another similar case. We do not guarantee a certain outcome — to do so violates the Rules of Professional Responsibility. Results often depend on the facts, whether the client follows legal advice, and the stage of the proceeding at which services are retained.

Featured Trial Acquittals

Full Not Guilty verdicts in contested domestic violence, strangulation, and aggravated assault cases — including allegations made during custody disputes and breakups.

U.S. v. O-5, Fort McNair, D.C. — Full Acquittal · DV

Army Lieutenant Colonel accused by his Lieutenant Colonel ex-wife of domestic violence in the middle of a custody dispute. At a General Court-Martial, Mr. Freeburg’s cross-examinations of the alleged victim, the responding paramedics, and law enforcement — in front of a senior Army officer panel — produced an acquittal.

Result. Full Acquittal on All Charges. Retirement Preserved.

U.S. v. O-4, Navy Yard, D.C. — Full Acquittal · Assault w/ Firearm

Navy officer with a sterling career at decorated classified units accused of two specifications of assault, including use of a firearm. At trial, Mr. Freeburg and the defense team used cross-examination and indirect tactics before a very senior Navy officer panel.

Result. Full Acquittal on All Charges.

U.S. v. E-7, Kaiserslautern, Germany — Acquittal · 4x Strangulation

Soldier with nearly 25 years of service accused of strangling his wife on four different occasions, burning her with a frying pan, and making serious threats. Mr. Freeburg developed the cross-examination plan around the custody-dispute context, and rebutted the government’s photos and strangulation expert.

Result. Full Acquittal on All Serious Charges. No Confinement. Retirement Preserved.

U.S. v. E-6, Fort Knox, KY — Acquittal · Agg Assault w/ Firearm

Staff Sergeant serving as NCOIC of a Lieutenant General’s Personal Security Detail facing aggravated assault with a loaded firearm and multiple sexual assault specs. Mr. Freeburg dropped the steroid charges pre-trial, cross-examined the multiple accusers, and tied reasonable doubts together in closing.

Result. Not Guilty of All Sexual Assault and Aggravated Assault Charges. No Confinement.

U.S. v. Army E-4 (Bench Trial) — Full Acquittal · Assault

Soldier accused of assaulting a female Soldier (and separately of sexual assault of another). After a contested judge-alone trial, Mr. Cave secured a not-guilty verdict on all charges.

Result. Full Acquittal on All Charges.

Additional Case Results

U.S. v. E-4, Schofield Barracks, HI — DV · MPO · Firearm

Army Specialist sent to an administrative separation board for four specifications of domestic violence, punching his Platoon Sergeant, MPO violation, and an unregistered firearm on base. The Army sought an Other than Honorable Discharge. Mr. Freeburg argued the misconduct was not clearly established. The Board voted for retention.

Result. Retained in Service. Benefits Preserved.

U.S. v. O-4, Naval Station Norfolk, VA — Aggravated Assault · BOI

Navy Lieutenant Commander accused of aggravated assaults against family members. Despite the civilian case being dismissed, the Navy sent him to a Board of Inquiry to strip his retirement and benefits with an Other than Honorable discharge. Mr. Cave investigated the case, prepared a defense of innocence, and presented it at the BOI. The Board retained him.

Result. Officer Retained. No Other than Honorable Discharge. Career Preserved.

U.S. v. E-6, Camp Lejeune, NC — Child Abuse · DV

Navy Petty Officer accused of child abuse and domestic violence by his ex-wife. The defense built a case around clear manipulation of the children by the ex-wife’s new husband. The case was dropped.

Result. Charges Dismissed. No Federal Conviction.

U.S. v. E-4, Ramstein AFB, Germany — Domestic Violence

Air Force Senior Airman accused of domestic violence by his wife after he attempted to separate from her. Mr. Freeburg built a defense around the spouse being the actual abuser. The case was dropped.

Result. Charges Dismissed. No Federal Conviction.

U.S. v. E-5, Fort Drum, NY — Assault · Strangulation

Army Sergeant accused of assault, battery, and strangulation of two other Soldiers. General court-martial charges preferred. Mr. Freeburg investigated and litigated, including the extensive mental health history explaining what happened. The Army agreed to a separation instead of court-martial.

Result. No Federal Conviction. No Confinement. No Dishonorable Discharge.

U.S. v. O-6, Fort Belvoir, VA — Death Threats · Strangulation

Army Colonel accused of communicating death threats, strangulation, and other acts of alleged domestic violence against his wife and son. Mr. Freeburg argued at Article 32 against probable cause and for dismissal in the interests of all involved, allowing the client to retire. The Army dismissed.

Result. Charges Dismissed. Retirement Preserved.

U.S. v. O-4, Quantico Marine Corps Base, VA — Strangulation · Threats

Marine Major accused of communicating threats, strangulation, and other acts of alleged domestic violence. The client’s retirement was held up. Mr. Freeburg argued against probable cause at Article 32 and against prosecuting the case considering the interests of all involved. The Marine Corps dismissed.

Result. Charges Dismissed. Retirement Preserved.

U.S. v. O-5, Kaiserslautern, Germany — MPO · Obstruction

Army Lieutenant Colonel accused of violating a military protective order (MPO) and obstruction of justice for contacts with his wife and children. Mr. Freeburg moved that the MPO was unlawful and interfered with the client’s Constitutional rights without sufficient basis. The judge agreed. The Army dismissed all charges.

Result. Charges Dismissed. No Federal Conviction. No Dismissal.

U.S. v. E-4, Fort Liberty, NC — Strangulation · Assault

Soldier accused of strangling and assaulting another Soldier with whom he had a tempestuous romantic relationship. Less than a week before trial, the Army agreed to a separation with a general under honorable conditions characterization.

Result. No Federal Conviction. No Confinement. No Dishonorable Discharge.

U.S. v. E-6, Marine Corps Base Quantico, VA — Double Jeopardy Win

Marine accused by his ex-girlfriend of assault, pointing a gun at her, and indecent language to an Uber driver. The firearm-pointing charge was dismissed for no probable cause at Article 32. At trial, after Mr. Freeburg moved to exclude a surprise witness, the judge declared a mistrial — even though the defense was winning. On retrial, Mr. Freeburg moved to dismiss on double jeopardy; Mr. Cave then filed an extraordinary writ. The Navy-Marine Corps Court of Criminal Appeals granted the defense appeal.

Result. Charges Dismissed. No Federal Conviction. No Punitive Discharge.

U.S. v. O-5 (Retired), Fort Belvoir, VA — Assault on Son · Sexual Assault

Retired Army Lieutenant Colonel charged with sexual assault of another officer and assault consummated by battery for an altercation with his teenage son — case made national news. Mr. Freeburg aggressively litigated unlawful command influence and defective referral issues. The Army dismissed.

Result. Charges Dismissed. Retirement Preserved.

U.S. v. E-6, Fort Belvoir, VA — Assault on Son · Threats to Command

Soldier accused of assaulting his teenage son on multiple occasions and threatening to kill his command team. Charges were referred to a General Court-Martial with the government seeking serious prison time. After extensive discovery and motions, Mr. Cave and Mr. Freeburg brought the government to a reasonable deal — the case was sent to a Special Court-Martial with no confinement served.

Result. No Felony Conviction. No Confinement.

Related Practice Areas

• Domestic Violence Defense — Article 128, custody, MPOs
• Article 120 / Sexual Assault Defense — Overlapping DV/sex assault charges
• Military Appellate Practice — ACCA, AFCCA, NMCCA, CAAF
• High-Profile Cases — National news court-martial defense

Facing Assault, Strangulation, or DV Charges?

Most military DV cases arise from divorce, custody fights, and breakups — and most have a story the government has not yet heard. The earlier counsel is engaged, the more of that story can be developed and used.

By Philip Cave and Nathan Freeburg at www.court-martial.com. (Last reviewed March 26, 2026.)