Assault and battery offenses Sample Clauses

Assault and battery offenses a) United States x. Xxxxxxxx, 63 X.X. 622 (A. Ct. Crim. App. 2006). Accused got into a mutual fight with another Soldier. Two other Soldiers joined the fight against the accused. At that point, accused stated “he was ‘out numbered’ so he reached into his pocket and took out [a] pocket knife.” Accused made thrusting motions with his knife cutting two of the soldiers resulting in his plea to the offense of aggravated assault. ACCA held the MJ failed to establish on the record whether the accused had a right to use deadly force to protect himself against three assailants and if the accused used more force than authorized whether his offer to use the force could otherwise be combined with the defense of accident. The court recognized that “if a lawful offer of . . . force results in an unintentional injury to the victim, the defense of accident may apply in conjunction with self-defense.” The MJ provided a recess for the defense counsel to explain these concepts to the accused, and discussed these issues with both counsel off the record, but the record failed to establish the accused’s understanding of the legal concepts or that the facts did not otherwise lead to a defense to the aggravated assault. Cf. United States x. Xxxxx, 44 X.X. 387 (C.A.A.F. 1996) (military judge’s failure to fully explain self-defense and defense of another did not render plea improvident where providence inquiry indicated a mutual affray which was jointly escalated, and appellant did not fear physical injury and utilized excessive force).
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Related to Assault and battery offenses

  • Third Offense The employee will be terminated. If an alcohol test results in an alcohol concentration of .04 or greater:

  • Assaults An employee who is assaulted while in the performance of assigned duties shall promptly report the assault to the Employer. The Employer shall promptly investigate the incident and render such assistance as necessary under the circumstances, including reporting and cooperating with law enforcement authorities.

  • Accident and Incident Investigations An accident, injury, critical injury, or hazardous situation will be investigated in accordance with the CJHSC’s investigation protocol.

  • Offences 46.1. The Contractor must not commit or attempt to commit any offence:

  • First Offense The participant will not participate in the next contests/events, beginning with the first contest/event in which he/she would participate after determination that an infraction has occurred, equal to 20% of the number of regular scheduled contests/events. The participant will also be referred to the Centerville High School Crisis Intervention Counselor or their Middle School Guidance Counselor. The participant will be permitted to practice during the time period of his/her co- curricular suspension. The participant’s reinstatement and eligibility will be determined by the Athletic Director. OR: The number of contests/events to be suspended from can be reduced to 10% if the participant agrees to complete 20 hours of approved community service within 45 days of determination that an infraction has occurred. Failure to comply with this will add an additional 20 % suspension at the end of 45 days plus all awards will be revoked. Proof of an approved community service plan being in place must be presented to the Athletic Director prior to being reinstated to participate after the 10% suspension has been served. All other consequences relating to intervention, practice, reinstatement, and eligibility remain the same. Second Offense (and subsequent offenses): The participant will not participate in any Centerville High School co-curricular activity for one calendar year from the date of determination that a second infraction has occurred. The participant will also be referred to the Centerville High School Crisis Intervention Counselor. The participant will not be permitted to practice or take part in any co-curricular events during this time period. The participant’s reinstatement and eligibility will be determined by the Athletic Director. OR: The suspension can be reduced to 6 months if the participant agrees to complete 40 hours of approved community service within 90 days of determination that an infraction has occurred. Failure to comply with this will result in a year suspension beginning at the end of 90 days. All other consequences relating to intervention, reinstatement, and eligibility remain the same. CITIZENSHIP Any possible infraction of the citizenship clause will be reviewed by the athletic director and coach. A decision will then be made which could result in the assignment of community hours and/or suspension from contests. Citizenship infractions will not be considered “offenses” (1st, 2nd, . . .).

  • CRIMINAL OFFENCES 8.1 The Licensee acknowledges that the use of XXXXX’s Repertoire without the required licence constitutes an infringement of copyright and is an offence in terms of the Copyright Act 98 of 1978, punishable by a fine and/or imprisonment.

  • Assault Any case of assault upon a teacher which occurs in the line of duty shall promptly be 20 rights and obligations with respect to such assault, and its legal assistance to the teacher in 21 connection with handling of the incident by law enforcement and judicial authorities. In such 22 event, the following shall apply:

  • Criminal Background Investigations For investigative Vendor Staff, Citizens will accept a copy of a current Class C Private Investigator license as proof that a criminal background check has been conducted for that investigator. For all other Vendor Staff, Vendor must provide Citizens with a copy of a criminal background check performed on such Vendor Staff dated within thirty (30) days of submission of the Vendor Staff to Citizens for qualification and credentialing review. Vendor shall use Exhibit D, Applicant Background Review Guide to as a guideline to determine eligibility of Vendor Staff to perform Services. The criminal background check must be updated every two (2) years thereafter. All background checks will be at Vendor’s expense and, unless otherwise approved in writing by Citizens’ Contract Manager, shall include but not be limited to: (a) state and federal felony convictions or pending adjudications; (b) state and federal misdemeanor convictions or pending adjudications; (c) any crimes in violation of the Violent Crime Control and Law Enforcement Act of 1995 or pending adjudications; and, (d) a seven (7) year minimum timeframe, extending as close as practicable to the date of Assignment to perform Services. Vendor will advise Citizens’ Contract Manager or designee if it knows of any Vendor Staff that has a criminal conviction (misdemeanor or felony), regardless of adjudication (adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict), within the last ten (10) years in any jurisdiction. Vendor shall not allow that individual to act as a Vendor Staff until Vendor determines whether that individual should be allowed to do so considering (a) the nature and gravity of the offense; (b) the amount of time that lapsed since the offense;

  • No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions.

  • Accident Investigations When an accident occurs involving the equipment or personnel of a Supporting Agency, the Protecting Agency shall immediately notify the jurisdictional and supporting agencies. As soon as practical, the Protecting Agency shall initiate an investigation of the accident. The investigation shall be conducted by a team of representatives from the affected agencies, as appropriate. As appropriate, the Parties agree that the Protecting Agency will provide notification of the accident to the National Transportation Safety Board, or the Occupational Safety and Health Administration and other appropriate Agencies.

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