Assault (Non-Sexual)

6.53 Lesser included offense

Martina Elizabeth Clark, COA09-63, Richard Croutharmel
Where defendant was charged with assault with a deadly weapon on a government official, court required to instruct on lesser included offense of assault on a government official where the question of whether the vehicle was used as a deadly weapon was debatable.

Danyashi Terrell Wood, COA09-29, Jarvis John Edgerton, IV
Trial court erred by not instructing on the lesser included offense of misdemeanor assault on a government official where the evidence was equivocal as to whether or not Mr. Wood's car was used as a deadly weapon.