Assault (Non-Sexual)

6.26 Lesser included offense

Tony Caudle, COA03-1576, Kevin Bradley
Instruction on assault inflicting serious injury should have been given sua sponte as knife was not used in the manner of a deadly weapon

Jason Bryant, COA05-237, Paul Herzog
As victim was treated and released, defendant arguably entitled to instruction on lesser offense of assault with a deadly weapon.

Jerome Cannon McCoy, COA04-1335, Charlesena Elliott Walker,
Court failed to instruct on lesser included offenses of assault with a deadly weapon and assault inflicting serious injury.