Defending Our Defenders Worldwide
Practice Areas — Civilian Military Defense Lawyers
If you are a service member under investigation, facing a court-martial, or fighting to save your career through an administrative proceeding or appeal, the military justice system is not designed to protect you. It is designed to process you. Commanders, prosecutors, and the Office of Special Trial Counsel (OSTC) operate under institutional pressure to charge aggressively, convict efficiently, and move on. Your rights are an afterthought unless someone forces the system to respect them.
That is what we do.
Philip Cave and Nathan Freeburg are civilian military defense lawyers based in Washington, D.C. but traveling worldwide for military cases. Between them, they have more than 65 years of experience defending service members at courts-martial, administrative boards, and on appeal — across every branch of the armed forces, at installations worldwide. They have handled hundreds of contested cases, from sexual assault and domestic violence to espionage accusations and war crimes. They have tried cases before military judges and panels. They have argued before every military appellate court, including the Court of Appeals for the Armed Forces (CAAF). They have obtained acquittals, dismissals, and favorable outcomes in cases that other attorneys said were unwinnable.
Your court-martial or appeal is handled by senior attorneys who know military law because they have practiced it for decades — not because they read about it.
Call 800-401-1583 or 202.931.8509 for a confidential consultation.
Sexual Assault Defense (UCMJ Article 120)
Article 120 cases are among the most aggressively prosecuted offenses in the military justice system. Due to Congressional and media pressure, cases that once would have been resolved administratively now go straight to general court-martial — even when the evidence is weak, the allegations are delayed, and the accuser’s credibility is questionable.
We have defended hundreds of Article 120 cases at all levels of adjudication. Our results include full acquittals on rape and sexual assault charges at installations across the country, charges dismissed during investigation before trial, and careers and retirements preserved for enlisted members and senior officers alike. We have successfully defended multi-victim cases, child sexual abuse allegations, and cases drawing national media attention.
Article 120 carries penalties up to life imprisonment, mandatory sex offender registration, and a dishonorable discharge. A passive defense is not an option.
- Sexual Assault Court-Martial Defense (UCMJ Article 120)
- Consent Under Article 120, UCMJ
- Alcohol and Intoxication in UCMJ Article 120 Cases
- Winning MRE 412 Motions — Military Sexual Assault Defense Strategy
Assault and Domestic Violence Defense (UCMJ Articles 128 and 128b)
Assault prosecutions have surged since the OSTC took over covered offenses. In its first full year, the Army OSTC alone reviewed more than 9,500 criminal investigations and exercised authority over 5,600 cases. Minor barracks altercations, mutual fights, and acts of self-defense are being prosecuted as felony aggravated assaults. Domestic violence cases that commanders once resolved through nonjudicial punishment now go to general court-martial.
Article 128 covers everything from simple assault and battery to aggravated assault with a dangerous weapon, strangulation, and assault on an officer. Article 128b specifically addresses domestic violence offenses. Penalties range from 3 months confinement for simple assault to 20 years for assault with intent to commit murder or rape.
We have defended hundreds of assault and violent offense cases. Our results include full acquittals in domestic violence trials, charges dismissed at the Article 32 stage for officers facing strangulation and DV allegations, and felony charges reduced to misdemeanor proceedings with no confinement.
- Assault Court-Martial Defense (UCMJ Article 128)
- Domestic Violence Court-Martial Defense (UCMJ Article 128b)
If you have been contacted by NCIS, CID, OSI, or CGIS, you are already behind. Military investigators are trained to build a case against you — not to find the truth. They will tell you that cooperating will help. It will not. Every statement you make can and will be used against you at court-martial.
The moment you learn you are under investigation is the moment you need experienced civilian counsel. Early intervention can shape the trajectory of the entire case — preserving evidence, preventing coerced statements, and sometimes resolving the matter before charges are ever preferred.
We have represented service members at every stage of investigation, from initial contact by law enforcement through Article 32 hearings and pretrial confinement challenges. We know how military investigators operate, and we know how to protect your rights before the damage is done.
CSAM and Computer Crimes Defense
Child sexual abuse material (CSAM) cases are among the most aggressively investigated and prosecuted offenses in the military. These cases typically begin with a CyberTipline report from the National Center for Missing and Exploited Children (NCMEC) or a hit from law enforcement monitoring software. Investigators seize phones, computers, and cloud accounts. Charges are often preferred before the accused even knows an investigation exists.
CSAM offenses under the UCMJ carry severe penalties, including lengthy confinement, sex offender registration, and a dishonorable discharge. Defense in these cases requires specialized knowledge of digital forensics, search and seizure law (including the private search doctrine), and the technical realities of how images are stored, cached, and transmitted on digital devices.
We have defended service members facing CSAM allegations involving seized devices, cloud storage searches, and peer-to-peer file sharing investigations. We retain independent digital forensic experts and challenge the government’s forensic analysis, chain of custody, and search authority.
Appeals and Post-Conviction Relief
A court-martial conviction is not the end. The military appellate system provides multiple levels of review — but only if you have counsel who knows how to preserve and argue the issues that matter.
Philip Cave and Nathan Freeburg have extensive appellate experience before the Army, Navy-Marine Corps, Air Force, and Coast Guard Courts of Criminal Appeals (CCAs) and the Court of Appeals for the Armed Forces (CAAF). They have argued issues ranging from factual and legal sufficiency to ineffective assistance of counsel, unlawful command influence, evidentiary errors, and sentence appropriateness.
Beyond direct appeals, we handle DuBay evidentiary hearings (post-trial fact-finding ordered by appellate courts), habeas corpus petitions, writs of coram nobis, clemency and parole applications, and sentence reassessment arguments. We also represent service members seeking to appeal after a guilty plea — a process with distinct procedural requirements and strategic considerations.
If your trial counsel failed you, if the military judge made errors, or if new evidence has emerged, the appellate courts may be your last chance to correct the injustice.
- UCMJ Appeals
- Retrial or Rehearing
- Dubay Evidentiary Hearings on Appeal
- Appeal after Guilty Plea
- Post Trial Delays
- UCMJ Clemency and Parole
- Habeas and Coram Nobis
- Sentence Reassessment on Appeal
Administrative Actions and Discharge Defense
Not every career-ending action involves a courtroom. Administrative separations, boards of inquiry, and adverse administrative actions can destroy a service member’s career, benefits, and retirement just as effectively as a court-martial conviction — often with fewer procedural protections.
We represent service members facing administrative separation boards (enlisted) and boards of inquiry (officers), fighting to preserve honorable service characterizations, retirement eligibility, and veterans’ benefits. We also represent service members in Article 15 / nonjudicial punishment (NJP) proceedings, where accepting punishment without experienced counsel can trigger a cascade of career consequences.
Whether you are facing an other-than-honorable discharge recommendation, a show-cause board, or an Article 15, experienced civilian counsel can make the difference between keeping your career and losing everything you have earned.
- Administrative Discharge Defense
- Types of Military Discharges and How to Appeal Them
- Article 15 / NJP Defense
Discharge Upgrades, Pardons, and Record Correction
A bad discharge does not have to be permanent. Service members and veterans with less-than-honorable discharges may be eligible to petition for an upgrade through their branch’s Discharge Review Board or Board for Correction of Military Records. A successful upgrade can restore veterans’ benefits, VA healthcare eligibility, and the ability to characterize your service accurately to employers.
We also assist with federal pardon applications for military convictions and expungement of military records where the law permits.
High-Profile, Complex, and Multi-Victim Cases
Some cases attract media attention, involve multiple alleged victims, or carry political dimensions that increase the pressure to convict. These cases demand attorneys who have operated at the highest levels of military justice — defending general officers, senior enlisted leaders, and service members in cases involving war crimes, espionage accusations, and nationally publicized prosecutions.
We have defended an O-8 investigated for serious sexual assault offenses, a Colonel accused of rape and war crimes while deployed, and multiple service members facing coordinated allegations from several accusers. When the institutional pressure to convict is at its highest, experience and preparation are what separate a real defense from a token one.
A criminal investigation or court-martial can trigger the suspension or revocation of your security clearance — sometimes before the underlying case is resolved. Losing a clearance can end your military career and destroy your post-service employment prospects, particularly for service members planning careers in defense, intelligence, or government contracting.
We advise service members on protecting their security clearances during and after legal proceedings, and we represent clients in clearance-related administrative processes.
Additional Practice Areas
Our practice extends beyond the categories above. We have defended service members in cases involving:
- Double Jeopardy Under the UCMJ — protecting service members from being tried twice for the same offense
- Social Media — defense in cases involving social media evidence, online conduct, or political speech by military members
- Confinement — challenging unlawful or excessive confinement conditions
- Policing Prosecutors — holding military prosecutors accountable for misconduct, discovery violations, and Brady failures
- Military Law Expert Consulting — case evaluation and expert consulting for attorneys and service members
Why Choose Cave and Freeburg
The military justice system has changed dramatically over the past several years. The creation of the OSTC, the expansion of covered offenses, and relentless congressional pressure to increase conviction rates have made the system more adversarial and less forgiving than at any point in modern history. You need attorneys who have adapted to these changes — not attorneys still practicing as if it were 2005.
- 65+ years of combined military criminal defense experience
- Hundreds of courts-martial defended across every branch — Army, Navy, Air Force, Marines, Coast Guard, and Space Force
- Worldwide representation at every base, post, and installation
- Active appellate practice before all CCAs and CAAF
- Proven results: acquittals, dismissals, and careers preserved at every stage from investigation through appeal
- Independent forensic, medical, and digital evidence experts retained when your case demands it
- Senior Partners only on courts-martial or appeals
- Independent of the chain of command — our loyalty is to you, not the military
Speak With an Experienced Military Defense Lawyer Now
If you are under investigation, facing charges, or fighting to save your career, timing matters. Early intervention protects your rights, preserves evidence, and shapes the outcome before the system locks in against you.
Contact Cave and Freeburg for a confidential consultation.
Call 800-401-1583 or 202.931.8509
Practice Areas — Frequently Asked Questions
What types of cases does Cave and Freeburg handle?
We defend service members in all UCMJ matters, including sexual assault (Article 120), assault and domestic violence (Articles 128 and 128b), CSAM and computer crimes, fraud, drug offenses, and any other offense under the Uniform Code of Military Justice. We also handle administrative separations, boards of inquiry, Article 15 / NJP proceedings, appeals before all military appellate courts, discharge upgrades, federal pardons, and security clearance matters.
Do you represent service members from all branches?
Yes. We represent service members in the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force. We have handled cases at installations across the United States and overseas, including in Europe, Asia, and the Middle East.
What is the Office of Special Trial Counsel (OSTC)?
The OSTC is a new independent prosecution office created by the 2022 National Defense Authorization Act. Since December 2023, the OSTC has had exclusive authority to determine whether certain offenses — including sexual assault, domestic violence, and other serious crimes — are referred to court-martial. This removed command discretion from the charging process and has led to significantly more aggressive prosecution of these offenses.
When should I hire a civilian military defense lawyer?
As early as possible. The best outcomes we achieve often result from early intervention — during the investigation phase, before charges are preferred, and before the OSTC makes referral decisions. Once a case is referred to court-martial, options narrow. If you learn you are under investigation or have been contacted by NCIS, CID, OSI, or CGIS, contact us immediately.
Why hire a civilian attorney instead of relying on my military defense counsel?
Military defense counsel (ADC/TDS/DSO) are often competent but overworked, less experienced (only a couple years out of law school), and subject to the same institutional pressures as everyone else in the system. They rotate frequently, carry heavy caseloads, and may lack the resources to investigate your case thoroughly. A civilian attorney is independent of the chain of command, answers only to you, and brings decades of focused experience to your defense. In many cases, we work alongside your military counsel as a team.
What does it cost to hire Cave and Freeburg?
Fees depend on the complexity of your case, the stage of proceedings, and the expected duration of representation. We discuss fees openly during your initial consultation and work to ensure you understand the investment before making a decision. We almost always work on a flat fee basis (often including travel costs) so you know exactly what your case will cost you. Given what is at stake — your freedom, career, retirement, and criminal record — experienced counsel is the most important investment you can make.
Can you help if I have already been convicted at a court-martial?
Yes. We handle appeals before all military Courts of Criminal Appeals and the Court of Appeals for the Armed Forces (CAAF). We also handle DuBay hearings, habeas corpus petitions, writs of coram nobis, clemency and parole applications, and other post-conviction remedies. If your trial defense was ineffective, if the military judge made errors, or if new evidence has emerged, there may be grounds for relief.
Do you handle administrative separations and boards of inquiry?
Yes. We represent enlisted members facing administrative separation boards and officers facing boards of inquiry. We fight to preserve honorable service characterizations, retirement eligibility, and veterans’ benefits. We also represent service members in Article 15 / NJP proceedings.
Can you represent me if I am stationed overseas?
Yes. We have represented service members at installations worldwide, including in Germany, Italy, Japan, Korea, Guam, and the Middle East. We travel to wherever your case requires.
What should I do if I am contacted by military investigators?
Do not speak to them. Do not consent to searches. Do not try to explain your side. Invoke your right to counsel and contact an experienced defense attorney immediately. Every statement you make can be used against you at court-martial.
By Philip Cave and Nathan Freeburg at www.court-martial.com. (Last reviewed March 17, 2026.)