If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge?
California, United States of America
The following excerpt is from People v. Lefkovitch, 2d Crim. No. B250602 (Cal. App. 2015):
If the statutory elements of the greater offense include all the statutory elements of the lesser offense, the later is necessarily included in the former. (People v. Sanders (2012) 55 Cal.4th 731, 736.) Where the defendant is found guilty of both the greater and the lesser necessarily included offense, based on the same act or course of conduct, the lesser offense must be reversed. (Ibid.)
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