Shaw Air Force Base, in Sumter, South Carolina, is one of the most operationally vital installations in the country. It sits in the South Carolina Midlands, about forty miles east of the state capital, Columbia, and an hour and a half from the Atlantic coast. The surrounding terrain is a mix of pine forest, farmland, and wetlands, a reminder that this region has supported military flight operations since the earliest days of Army aviation.
Established in 1941, Shaw has grown from a small pilot-training field into one of the Air Force’s most important fighter bases. Today it is home to the 20th Fighter Wing, the largest F-16 combat wing in the United States Air Force. Its squadrons train for and execute the Suppression of Enemy Air Defenses (SEAD) mission, one of the most demanding and technically advanced air-combat specialties. Pilots and maintainers at Shaw operate Block 50 F-16CM Fighting Falcons equipped with precision targeting, electronic-warfare, and radar-jamming systems designed to clear the path for joint and coalition aircraft in hostile airspace.
The base also is the headquarters for Ninth Air Force (Air Forces Central), which oversees Air Force operations across the Middle East and Southwest Asia. From command centers at Shaw, Airmen coordinate missions that extend across multiple combatant commands, including daily sorties and intelligence support to forward-deployed units. This gives the installation a global reach far beyond South Carolina, linking the small city of Sumter directly to operations in CENTCOM’s area of responsibility.
Shaw’s mission is not limited to the Air Force. The base is also home to United States Army Central (USARCENT), the Army’s component command for the same region. The joint presence of Air Force and Army headquarters makes Shaw a rare environment where air and ground planning are integrated at the operational level. This joint structure is reflected in everything from infrastructure to logistics: shared runways, secure communication nodes, and rapid-response coordination for deployments.
Geographically, Shaw occupies a large tract of land just west of downtown Sumter, bordered by Highway 76 and surrounded by small communities that have long been tied to the base. The local economy depends heavily on defense employment, contracting, and veteran services. Sumter County consistently ranks among the top counties in the state for veteran population, and the cultural connection between the base and the community is visible in schools, civic programs, and local events. The base’s economic impact exceeds a billion dollars annually, supporting thousands of military and civilian jobs.
The training airspace available to Shaw units is extensive. Pilots use the Poinsett Electronic Combat Range, about ten miles south of the base, for low-altitude navigation, air-to-ground targeting, and electronic-warfare training. The proximity of the Atlantic coastline and large swaths of restricted airspace allows for complex joint exercises with Navy and Marine Corps units. This combination of geography, weather, and access to training ranges keeps Shaw central to U.S. airpower readiness.
Shaw produces a high volume of disciplinary issues under the UCMJ. When the government commits its most experienced prosecutors to a case, they often do it on bases like Shaw, where the potential mission fallout from misconduct is too great to ignore. The Office of Special Trial Counsel (OSTC) now makes independent charging decisions for serious offenses, including sexual misconduct or domestic violence. Cases that might once have been handled informally are now getting pushed toward court.
Q: Does Shaw AFB’s Mission Generate Significant UCMJ Activity?
A: Yes. Shaw is an operational base with multiple high-tempo commands, including Ninth Air Force and USARCENT. That type of environment tends to generate the most oversight, the most formal discipline, and the most serious charges.
Shaw produces a high volume of serious military justice cases. OSTC and senior prosecutors who work here have full resources when pursuing convictions. While every Airman is automatically assigned an Area Defense Counsel (ADC) at no charge, that attorney is often already overwhelmed by a heavy caseload. Given the sheer magnitude of the government’s financial and legal investment in cases at this installation, relying exclusively on the available military counsel might not be enough to mount the aggressive, specialized defense you need.
Our Edge in a Newly Federalized System
We have been representing military clients for more than twenty years. Our work began when we joined the JAG Corps shortly after the 9/11 attacks, and we have been focused on UCMJ defense ever since. We were never assigned to administrative work or stepped away from the courtroom.
Comfortable in the New Federal Design: We bring long-term experience in the federal criminal court framework with our military practice. That background makes a difference now because the military justice system has largely adopted the federal design. While others are still adjusting to those changes, we have already been working in that environment for years.
Depth of Practice from AWOL to CSAM: We’ve earned our reputation by helping Airmen at all ranks through some of the most severe charges under the UCMJ, including: Article 120, Article 134, Larceny and Fraudulent Claims, Murder, Child abuse (Article 119b), Officer misconduct (Article 133), and Stolen valor. We handled cases that tend to arise only during periods of armed conflict, including desertion from a deployment.
The Attorney’s Dual Duty: Client and Constitution
Q: What is the true scope of your loyalty in a military criminal case?
A: Our loyalty operates on two levels. The first is defense of the individual facing confinement and career-ending consequences. But our professional duty extends beyond that.
We are committed to protecting the integrity of the military justice system, the Constitution, and the criminal defense bar itself. This responsibility includes representing those who might appear doomed by the evidence.
When we provide vigorous, uncompromising defense for the accused, we are confirming that the UCMJ process can remain fair and intact. If we fail to fully uphold the constitutional rights of one accused service member, we compromise the system for everyone who serves. Our commitment is to the person, but our trust is to the rule of law.
Understanding Articles 117a and 120c of the UCMJ
Q: What kinds of cases fall under Articles 117a and 120c?
A: Both articles deal with non-contact sexual misconduct that occurs through phones, cameras, or digital platforms. Article 120c covers acts that invade privacy: recording, viewing, or exposing someone without consent. Article 117a criminalizes the next step: sharing or posting intimate material without permission, even if the images were created consensually. These are the “digital-age” sex offenses that now fill court-martial dockets at active-duty bases like Shaw.
Q: What is the difference between them?
Article 120c = creating images without consent, or sharing images that were created without consent
Article 117a = images distributed without consent.
The essence of Article 117a is that the person obtained the file with consent but then shared it without consent. Article 120c covers situations that were always without consent.
Q: Can I really be charged for sending a photo of myself?
A: Yes. When an explicit self-photo is sent to someone who did not ask for it, the law treats it as digital indecent exposure under Article 120c. The courts view the transmission the same as exposing yourself in public when the intent is to shock, offend, or humiliate. These cases often start with screenshots, text threads, and command notifications, not physical evidence, and spin-up quickly once OSI or Security Forces open a case file.
Q: What if the image or video was made by mutual agreement?
A: Consent to record is not consent to share. The moment that video or photo is forwarded, shown, or uploaded without the other person’s permission, it becomes an Article 117a violation. It does not matter that both parties agreed to the original recording; the wrongful distribution is the offense. Many Airmen face charges for sending a single clip to a friend or saving it to a shared cloud account.
Q: Are Articles 117a and 120c registerable sex offenses?
A: Almost always. These convictions are reported to state registries, and most jurisdictions classify them as sex-offense equivalents. Registration can last decades, restrict employment and housing, and follow you long after discharge. Understanding those collateral consequences early in the case is as important as defending against the charge itself.
The Cost of Silence: Why Early Intervention is Mandatory
The standard advice from most defense counsel, military and civilian, is simple: stay out of sight and avoid new trouble. While silence is generally wise, it is not a case strategy.
- Problem: While you are keeping a low profile, the entire prosecution apparatus is moving ahead. Allowing this momentum to continue unchallenged seals your fate.
- Action: Taking action early does not mean being obnoxious. It means stopping the government’s momentum by finding strategic ways to communicate with leadership and investigators. It requires probing for intelligence, using persuasion, and leaning into the subtler side of diplomacy.
- OSTC Leverage: OSTC attorneys hate losing. If your counsel can help develop doubt about the case being proven beyond a reasonable doubt before the charging decision is made, OSTC will often be a fair audience. This early intervention is often the difference between a court-martial and a non-criminal resolution.
- Relief: The relief you gain when you hire an expert is a tremendous benefit. Knowing that a highly experienced, steady, mature attorney is advocating for you eases the burden. That relief is often the most important initial benefit you receive.
The Legal Architecture: How Cases Develop and Conclude
Initial Reports, OSTC, and Legal Referral
A UCMJ case at Shaw does not begin when you receive the charges. The process typically begins when someone reports an incident to a supervisor, SARC, or OSI.
For serious matters, the report might go straight to OSI or be raised with the commander.
If the allegation concerns a sex offense or child-related abuse, or a list of other allegations, the legal office will alert OSTC, which influences the direction and tone of the case from early on.
Evidence Gathering and The Interrogation
After opening a case, OSI begins collecting evidence. This often includes recorded statements, background checks, subpoenas for bank records or web activity, and searches of digital devices.
At some stage, they will order you to an interrogation, which they describe as an “interview” to make you feel less threatened so you cooperate freely.
You might be asked for consent to access your phone or living area.
Throughout the investigation, you will probably be placed on some form of restriction, which is called being “flagged.” Sometimes being notified of a flag is the first sign a person is being investigated.
Final Decisions and Administrative Fallout
Eventually, OSI will finish the investigation and turn in a formal Report of Investigation to the command and legal office. If OSTC is handling the matter, that office decides whether to send it to a General Court-Martial (GCM). If not, the JAG and command will review the file together to decide whether to move forward with Article 15 proceedings, a reprimand, or Special Court-Martial charges.
Even if the case ends without court-martial charges, administrative discharge might still follow. This could lead to a contested separation board, depending on the circumstances.
The Pre-Trial Decisive Battle: Strategic Use of the Article 32
Q: Pretrial Intelligence: Should I listen to lawyers who say the Article 32 hearing is useless?
A: No.
If your case is headed for a GCM, you have the right to an Article 32 hearing, a formal pretrial proceeding where the prosecution must establish probable cause to proceed.
The Low Bar Myth: It is true that the standard is only a preponderance (more likely than not), and the government usually clears this hurdle easily. This leads some inexperienced defense attorneys to advise waiving the hearing, arguing it’s a waste of time.
The Strategic Advantage: While the PHO’s recommendations are not binding, their skeptical observations or negative report might compel OSTC to reconsider the case’s true strength and statistical risk. Even though the burden of proof at this hearing is only probable cause, the PHO will address issues that might prevent the government from proving its case beyond a reasonable doubt if the case goes to trial. This assessment won’t occur if you waive the hearing.
A Path to Dismissal: This is also a diplomatic opportunity to resolve the case short of a GCM. We have had numerous cases dropped or favorably resolved after the Article 32 phase, even when probable cause was conceded. That never would have happened if the opportunity for leverage, persuasion, and intelligence gathering had been waived. If someone tells you to skip this step, demand a second opinion.
The Cross-Examiner’s Skill: Dismembering Testimony with Surgical Skill
Q: What’s an undervalued skill in a successful UCMJ lawyer from an average cross-examiner?
A: The ability to hear and think at the same time: being able to detect scientific flaws and logical fallacies in a witness’s testimony while keeping track of countless other thoughts, sensory inputs and humans competing for your attention. Effective cross-examination disarms rather than attacks. The lawyer maintains steady control, drawing out contradictions until the testimony collapses under its own weight. That discipline exposes both kinds of unreliable witnesses: the mistaken and the dishonest.
Control: The purpose of cross-examination is to reveal the limits of memory and perception through logic, evidence, and careful sequencing, not to attack the witness. Effective impeachment targets reliability. The questions stay targeted, exposing the weaknesses in what was seen, heard, or remembered. That said, there is a clear and ethically justified exception. When a witness is clearly fabricating or knowingly misrepresenting the facts, the defense is entitled to escalate: use prior inconsistent statements, contemporaneous records, objective data (timestamps, GPS, photos), admissions, and silence to force the contradiction into daylight. Aggressive impeachment is not a tantrum; it is a controlled, evidence-driven effort to collapse a false account. Even when forceful, the technique remains professional; never gratuitous character attacks, always proof first, and always measured to preserve credibility with the judge and panel.
Command: Control earns trust. When the defense keeps its composure, the panel listens differently. Authority in the room comes from discipline and communication, not combativeness. The best cross-examiners guide the testimony so precisely that, by the time closing argument arrives, the facts themselves have already done most of the persuasion.
The Carolina Question: The Risk of Shopping Locally
Q: Why hire your firm instead of a local North Carolina or South Carolina attorney?
A: The foundational question when hiring counsel is the level of specialization they bring. Many attorneys near military installations run a split practice, dividing their time between UCMJ defense and generalized civil or state-court criminal work. Our firm gives every client two civilian military defense lawyers with more than 20 years of experience, but at the cost other firms charge for only one attorney.
Our approach isn’t limited by geography: We are trial attorneys first and last. Our entire practice reflects the War Department’s new ethos: we are focused on showing up for battle wherever it is required. We travel around the country and overseas for our clients. South Carolina and North Carolina are frequent stops for us. We have done many cases at Shaw, Joint Base Charleston, Fort Bragg, Seymour Johnson, Pope Airfield, Camp Lejeune, and MCAS Cherry Point.
The Travel Cost Issue: The idea that a local attorney saves you money is often false. A lawyer from Raleigh will not spend 5 hours commuting to and from Camp Lejeune; he will require travel costs, including hotel. Even a lawyer from Charleston is unlikely to do a GCM at Shaw while making a daily commute. We help offset this cost by multiplying value: we give you two senior UCMJ attorneys for the price of one. You are paying for a two-man team of national expertise. Saving money by hiring an attorney based solely on being in the Carolinas when your career is in peril is a serious mistake.
Severity Scale: Special Court-Martial (High), General Court-Martial (Extreme)
Special Court-Martial
A Special Court-Martial is similar in scope to a civilian misdemeanor case. The military does not label crimes as misdemeanors, but the 12-month limit on confinement makes this level comparable. Punishment can include jail time, reduction in rank, loss of pay, and a Bad-Conduct Discharge.
While the ceiling is lower than a General Court-Martial, the damage is severe. The damage to a military career will almost certainly be permanent. No serious military attorney thinks there is such a thing as “just a Special Court-Martial.”
General Court-Martial
This is the center ring of the military justice system. It is used for serious charges, including sexual assault, aggravated domestic violence, large-scale drug cases, and crimes against children.
Punishments: Penalties can be severe and can include many years of confinement or even life in prison. Civilian courts almost always classify a conviction at this level as a felony.
Registration: Conviction of a sexual offense in a military trial will trigger sex offender registration requirements in the civilian sector.
How to Understand the Flat Fee Billing Model
You will work directly with a partner attorney (Keith Scherer or Greg Gagne), not a junior attorney, call screener, or chat program.
- Flat Fee Structure: We use a flat-fee billing structure because it sustains a tension-free, case-focused relationship.
- Total Coverage: A “flat” fee means everything is included for the stage you are paying for. All work, all time, all communication.
- Cost Control: If travel is required to represent you in person in Sumter, SC, those costs will be billed separately according to terms clearly laid out in the agreement.
Speak to a UCMJ Lawyer today about your case at Shaw AFB or any military base in South Carolina or North Carolina
If you are facing UCMJ charges or a court-martial at Shaw AFB, call us at 800-319-3134 for a free consultation. We’ve defended Airmen at Shaw and U.S. installations throughout the Carolinas for over 20 years and look forward to helping you clear your name.