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

FEDERAL LESSER INCLUDED OFFENSES CHECKLIST
Go To 18 USC 113(a)(3) Table Of Contents

18 USC 113(a)(3) - ASSAULT WITH A DEADLY WEAPON

ALERT: Carefully review the Caveat And Rules before using these materials.

OFFENSES INCLUDED:

1. Assault with dangerous weapon with intent to do bodily harm 18 USC 113(c) is lesser included offense of 18 USC 113(a) where indictment charges use of knife in assault. (United States v. Stolarz, 550 F2d 488 (9th Cir.1977).)

OFFENSES NOT INCLUDED:

1. Assault by striking, beating, or wounding (18 USC 113(a)(4)). (United States v. Pierre, 254 F.3d 872 (9th Cir. 2001) [physical contact is an element of assault by striking, beating or wounding, but it is not an element of assault with a dangerous weapon; it did not matter that the government in fact charged that defendant had made physical contact with the victim].)