Is an assault committed as an attempt to commit a crime separate and distinct from a crime?
California, United States of America
The following excerpt is from People v. McCulley-Boyer, 2d Crim. No. B280103 (Cal. App. 2018):
It is well-settled that an attempt to commit a crime is an offense separate and distinct from the completed crime. (People v. Reed (2005) 129 Cal.App.4th 1281, 1283.) Because section 273.5, subdivision (f)(1) provides an enhanced sentence for "conviction" of corporal injury to a parent with a prior, but not
Page 10
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a crime committed by the same person as a separate crime is separate and involved separate objectives? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Does section 654 of the California Criminal Code require a separate punishment for a crime committed for the purpose of committing the same crime? (California, United States of America)
Can a defendant who committed an assault with intent to commit sex crimes such as kidnapping, rape and forcible oral copulation receive a determinate sentence for the assault that followed? (California, United States of America)
Does assault with intent to commit a crime require the wrongdoer's present ability to commit the assault? (California, United States of America)
Does a statute retroactively increase the punishment for a crime committed after the crime has been committed violate the ex post facto clause? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
