Assault (Non-Sexual)

6.52 Indictment for

Celeste M. Hines, COA03-1134, Kathryn L. VandenBerg
In prosecution for aggravated assault on handicapped person, court instructed jury it could consider whether defendant criminally assaulted victim or was criminally negligent, but indictment alleged assault with blunt object

Rosalva Scott, COA04-836, Geoffrey Hosford
Indictment for simple assault lacked elements and actually charged battery.

In Re MLL, COA-04-759, Gilda Rodriguez
Fatal variance btwn juvenile petition (alleging that juvenile scratched and fought with his stepfather when his stepfather was beating him with a belt) and the conduct for which juvenile was adjudicated a delinquent (that he grabbed his stepfather's arm while his stepfather was beating him with a belt)

In re J.F.M and T.J.B., COA-04-183, Jon W. Myers
Juvenile petition for resisting an officer failed to describe conduct alleged to have interfered with officer's duties and petition for misdemeanor assault failed to describe conduct or act constituting the assault

Ronald Eugene Thomas, COA04-1239, Daniel F. Read
Defendant should have been charged with violation G.S. 14-34.2, assault on a law enforcement officer with a deadly weapon, instead of G. S. 14-34.5, assault on a law enforcement officer with a firearm, when the evidence showed he attempted to strike the officers with his vehicle.

Ronald L. Peak, COA06-360, Jarvis John Edgerton, IV
Indictment of assault on law enforcement officer insufficient

Thomas M. Brooks, COA07-940, Kristin L. Todd
Indictment for strangulation did not sufficiently allege physical injury element

Phillip Davis, COA08-414, Mercedes Chut
Indictments combined elements of assault with a firearm on a law enforcement officer and assault on a governmental official and therefore did not confer jurisdiction.

Robert Wilds, COA08-375, Geoffrey Hosford
Defective indictment for assault by strangulation as no physical injury was alleged.