Is an attempt to commit a crime considered a lesser included offense of the completed crime?
California, United States of America
The following excerpt is from People v. Vasquez, F069281 (Cal. App. 2016):
"As a general matter, an attempt to commit a crime is a lesser included offense of the completed crime." (People v. Ngo (2014) 225 Cal.App.4th 126, 156 (Ngo).) "[W]here an attempt to commit an offense may be distinguished from the substantive offense solely by the failure to complete the actus reus, the elements of the attempted offense are all included in the greater offense." (Ibid.)
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