Facing domestic violence charges in the military? With the rise of the Office of Special Trial Counsel (OSTC) and new federal-style prosecution policies, more service members are being court-martialed—often for allegations that would have once been handled quietly. Whether you’re stationed at Fort Belvoir, Joint Base Andrews, Fort Bragg, Joint Base Lewis-McChord, Norfolk, Ramstein, or anywhere worldwide, a conviction could end your career, threaten your freedom, and devastate your family.

Your military future is too important to risk. You need civilian counsel with the experience to win.

Cave & Freeburg’s attorneys have defended military domestic violence cases across every branch, at bases and installations worldwide, for decades. We know the OSTC process inside and out—and we know how to fight for your rights.

Why Are Domestic Violence Prosecutions Increasing Under OSTC?

The 2022 NDAA shifted prosecutorial power from commanders to OSTC attorneys, leading to:

• Faster, more aggressive charges
• Cases moving to court-martial—even with minimal evidence or recanting complainants
• Investigations focused on prosecution, not command discretion

If you’ve been accused—whether it’s assault, strangulation, emotional abuse, or threats—you could face career-ending consequences, even for minor or exaggerated allegations.

Common Defense Issues in Military Domestic Violence Cases

Domestic violence investigations are rarely straightforward. Alcohol, relationship stress, and conflicting accounts are common. We dig deeper to reveal the real story.

1. Motive to Fabricate

Often, allegations arise after:

• Breakups or arguments
• Custody or financial disputes
• Housing or benefits concerns
• PCS or deployment timing

2. Inconsistent Statements

Our defense investigations often uncover:

• Shifting stories and contradictions
• Minor incidents described as “assault”
• Gaps or omissions in early interviews

3. Minimal or No Injury

We see charges based on:

• Alleged “grabbing” or “blocking a doorway”
• No supporting medical evidence
• Defensive actions mischaracterized

4. Self-Defense

Service members are often arrested even when defending themselves. We review:

• 911 calls
• Physical evidence
• Witness accounts
• Prior aggression by the alleged victim

5. Reluctant or Recanting Witnesses

Even if the complainant wants to drop the case, OSTCs often press on. We use this to your advantage.

Our Defense Approach

Our strategies are thorough, aggressive, and tailored to each case.

Early Intervention

We halt improper questioning and protect you from statements prosecutors could use against you.

Digital & Physical Evidence

We analyze texts, social media, and call logs to establish what really happened—and who was the aggressor.

Witness Interviews

Neighbors, law enforcement, and other witnesses can contradict the government’s narrative.

Challenging the Investigation

We expose procedural errors, missing evidence, and investigative bias.

Holistic Defense

We present the full context: relationship history, mental health, alcohol, and self-defense. When needed, we consult forensic psychologists and medical experts.

Our mission: Protect your future, your reputation, and your family.

Why Service Members Trust Cave & Freeburg

• Over 65 years of combined experience in military justice
• Worldwide representation: Army, Navy, Air Force, Marines, Space Force
• Deep knowledge of OSTC procedures and military courts
• No junior associates—your case is handled by senior attorneys only
• Proven results in complex, high-stakes violent offense cases

Accused of Domestic Violence? Act Fast.

OSTC deadlines move quickly, and the stakes couldn’t be higher. Contact us right away—early action gives you the best chance of preserving your career and your rights.

We defend service members worldwide—at every base, post, and installation.

Call or message us 24/7 for a confidential, no-obligation consultation.

Contact Us

• Free Consultation
• 800-401-1583

Elements the Government Must Prove Under Article 128b Charges

When facing domestic violence charges under Article 128b, the prosecution must meet a high legal standard—proving each element of the alleged offense beyond a reasonable doubt. Here’s what they need to establish, depending on the specific accusation:

Violent Offense Against a Family or Household Member

To convict on this charge, prosecutors must show:

• That you allegedly committed a violent act (such as assault, battery, or similar conduct) at the specified time and place.
• The act targeted someone who qualifies as your spouse, intimate partner, or an immediate family member.
• If a child under 16 is involved, that detail heightens the seriousness of the accusation.

Offense Intended to Threaten or Intimidate

For this charge, the government is required to prove:

• That you engaged in prohibited conduct (e.g., any act violating military law).
• The act was directed at your spouse, partner, or a direct family member.
• Crucially, the intent behind your actions was to threaten or intimidate that person.

Acts Against Property or Animals—With Intent to Threaten

A conviction for offense against property linked to intimidation demands proof that:

• You committed an act against property (or even an animal) at the alleged time and place.
• The property or animal belonged to, or was associated with, a family or household member.
• Again, the purpose had to be to threaten or intimidate your spouse, partner, or family member.

Violation of a Protection Order—With Threatening Intent

Prosecutors must show:

• At the time, a legally valid protection order was in effect.
• You’re alleged to have violated that order in a particular way.
• The violation was intended to threaten or intimidate a family or household member.

Violation of Protection Order to Commit a Violent Offense

For this aggravated form, they need to establish:

• A lawful protection order was active at the time in question.
• An alleged violation of that order occurred.
• Your intent in violating the order was to commit a violent offense against a spouse, partner, or immediate family member.

Assault by Strangulation or Suffocation

To convict, three core elements must be proven:

• That you assaulted a spouse, intimate partner, or immediate family member as described.
• The assault occurred by means of strangulation or suffocation.
• The act was done unlawfully—using force or violence.
• If the alleged victim was under 16, this constitutes an aggravating factor, elevating potential penalties.

These elements aren’t mere technicalities—they’re hurdles the prosecution must clear. Our defense is built on careful analysis of every claim and every piece of evidence, targeting weak links in the government’s proof and exposing flaws in their case.

Maximum Punishments Under Article 128: Assault Charges

Under the Uniform Code of Military Justice (UCMJ) Article 128, assault convictions carry a broad range of penalties, which escalate based on the severity and circumstances of the alleged conduct.

For less serious offenses—such as simple assault without aggravating factors—service members face penalties like:

• Forfeiture of two-thirds pay for up to three months
• Up to three months of confinement

But when the alleged assault involves aggravating elements—such as the use of a loaded firearm, or if the alleged victim is a child under 16—punishments sharply increase. In these cases, maximum authorized penalties may include:

• Reduction in rank to E-1
• Total forfeiture of all pay and allowances
• Confinement for up to 8 or even 10 years
• A dishonorable discharge

Military courts take these charges seriously, and the consequences extend far beyond just loss of liberty—they threaten retirement, future employment, and even your veterans’ benefits.

Understanding Sentencing Guidelines for Article 128b

Military justice does not take domestic violence allegations lightly. If you’re facing charges under Article 128b, you need to know exactly what’s at stake.

Sentencing Fundamentals

The punishment for offenses under Article 128b is steep, and the stakes are high. For nearly every charge, you’re looking at:

• Bad Conduct or Dishonorable discharge
• Total forfeiture of pay and allowances
• Reduction in rank to E-1
• Confinement—often measured in years, not months

The specifics depend on the underlying offense, but the consequences always jeopardize your career, benefits, and future.

Confinement Ranges

Here’s a breakdown of typical confinement periods linked to various situations:

• Violent offenses against a spouse, intimate partner, or immediate family member: Punishment is based on the underlying offense (such as assault or maiming), with extra years often added if the act targets a domestic partner.
• Violations involving threats or intimidation (including towards people, property, or even pets): Sentencing follows the underlying offense, but again, with the potential for additional confinement if the action was intended to frighten or coerce a family member.
• Violating a protection order:
• If intent was to threaten or intimidate: 1 to 36 months confinement.
• If intent was to commit a violent offense: 1 to 36 months confinement.
• Assault by strangulation or suffocation:
• If the victim is a child under 16: 30 to 120 months confinement.
• Other cases: 1 to 36 months confinement.

And for any conviction under Article 128b, those maximum punishments stack with the penalties for the underlying offense. For instance, if convicted of maiming a partner, you face the full penalty for maiming—plus extra years for the domestic aspect.

Every case is different, but the bottom line is this: the military justice system punishes domestic violence harshly and adds years of risk if a romantic partner or family member is involved. Don’t take chances with your rights or your career.bers worldwide—Army, Navy, Air Force, Marines, Space Force—at every base, post, and installation.

Call or message us 24/7 for a confidential consultation.