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). b) United States x. Xxxxxxx, 65 X.X. 501 (X. Xx. Xxxx. App. 2007). Accused (an Army O-4) pled guilty to aggravated assault with a dangerous weapon or other means or force likely to cause death or grievous bodily harm. Accused admitted beating his wife with a club, but stated during the providence inquiry that he did not recall striking her repeatedly (though he read reports indicating that there was more than one blow and agreed that the reports were accurate). A panel convicted accused, contrary to his pleas, of attempted premeditated murder and other military- related offenses. During the trial on the merits, the defense introduced evidence from a psychiatrist who testified that he suffered from general anxiety disorder, but there was no reason why the accused might lack mental responsibility for his actions. On appeal, accused claimed that his pleas and the subsequent trial on the merits raised evidence of partial mental responsibility and automa...