Is a lesser included crime within the elements of a greater crime?

California, United States of America


The following excerpt is from People v. Rosencrans, G055870 (Cal. App. 2019):

In deciding whether an offense is necessarily included in another under the elements test, we ask whether "'"'all the legal ingredients of the corpus delicti of the lesser offense [are] included in the elements of the greater offense.' [Citation.]"' [Citation.] In other words, 'if a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former.' [Citation.]" (People v. Montoya (2004) 33 Cal.4th 1031, 1034.)

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