Does a defendant's tactical decision not to contest an essential element of an assault charge reduce the burden of proving every element?
California, United States of America
The following excerpt is from People v. Evans, F074474 (Cal. App. 2018):
relates solely to increased punishment, the jury does not]; see also People v. Profitt (2017) 8 Cal.App.5th 1255, 1269, fn. 13 ["A defendant's tactical decision not to contest an essential element of the offense does not relieve the prosecution of its burden of proving every element."].)
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