(ii) Proving intent. Specific intent may be proved by circumstantial evidence. When grievous bodily harm has been inflicted by means of intentionally using force in a manner likely to achieve that result, it may be inferred that grievous bodily harm was intended. On the other hand, that inference might not be drawn if a person struck another with a fist in a sidewalk fight even if the victim fell so that the victim’s head hit the curbstone and a skull fracture resulted. It is possible, however, to commit this kind of aggravated assault with the fists, as when the victim is held by one of several assail-ants while the others beat the victim with their fists and break a nose, jaw, or rib.
(iii) Grievous bodily harm. See subparagraph (4)(a)(iii).
Lesser included offenses.
(1) Simple assault. None
(2) Assault consummated by a battery. Article 128—simple assault
(3) Assault upon a commissioned, warrant, non-commissioned, or petty officer. Article 128—simple assault; assault consummated by a battery
(4) Assault upon a sentinel or lookout in the execution of duty, or upon a person in the execution of police duties. Article 128—simple assault; assault consummated by a battery
(5) Assault onsummated by a battery upon a child under 16 years. Article 128—simple assault; assault consummated by a battery
(6) Assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm. Article 128—simple assault; assault consummated by a battery
(7) Assault in which grievous bodily harm is intentionally inflicted. Article 128—assault with a dangerous weapon; simple assault; assault consummated by a battery
Maximum punishment.
(1) Simple assault.
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(A) Generally. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.
(B) When committed with an unloaded firearm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(2) Assault consummated by a battery. Bad conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(3) Assault upon a commissioned officer of the armed forces of the United States or of a friendly foreign power, not in the execution of office. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(4) Assault upon a warrant officer, not in the execution of office. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.
(5) Assault upon a noncommissioned or petty officer, not in the execution of office. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(6) Assault upon a sentinel or lookout in the execution of duty, or upon any person who, in the execution of office, is performing security police, military police, shore patrol, master at arms, or other military or civilian law enforcement duties. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(7) Assault consummated by a battery upon a child under 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
(8) Assault with a dangerous weapon or other means of force to produce death or grievous bodily harm.
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(a) When committed with a loaded firearm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years.
(b) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(9) Assault in which grievous bodily harm is intentionally inflicted.
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(a) When the injury is inflicted with a loaded firearm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
(b) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
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Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 54
