FEDERAL LESSER INCLUDED OFFENSES CHECKLIST
Go To 18 USC 111(b) Table Of Contents

OFFENSES INCLUDED:

1. Offense of assaulting and resisting FBI agents without any weapon was lesser offense to charge under 18 USC 111 of assaulting and resisting with dangerous weapon. (Yates v. United States, 384 F2d 586 (5th Cir.1967); United States v. Hanson, 618 F2d 1261 (8th Cir.1980).)

2. 18 USC 111, paragraph 1 (assault without weapon) is lesser included offense of 18 USC 111 paragraph 2 (assault with weapon). (United States v. Williamson, 482 F2d 508 (5th Cir. 1973); see also PATTERN JURY INSTRUCTIONS – ELEVENTH CIRCUIT – 1997 OI 1.2 [Assaulting A Federal Officer (With Use Of A Deadly Weapon Or Inflicting Bodily Injury), Annotations and Comments. )

3. Assault on process server. (18 USC 1501.) (United States v. Gonzalez, 122 F3d 1383 (11th Cir. 1997) [jury should have been instructed on 18 USC 1501 as lesser included offense of 18 USC 111, since element of force was required under § 111 but not under § 1501].

4. Simple Assault. (United States v. Bey, 667 F2d 7 (5th Cir.1982).)

5.  Simple battery.  18 USC 113(d), lesser included offense of subsection (a), is equivalent of simple battery. (United States v. Knife, 592 F2d 472 (8th Cir. 1979).)

OFFENSES NOT INCLUDED:

1. 18 USC 1501: Defendant was not entitled to lesser-included offense under 18 USC 1501 in his prosecution under 18 USC 111, since only element of § 111 not included in § 1501 offense, use of force, was not in dispute. (United States v. Moore, 958 F2d 646 (5th Cir.1992).)