Is an attempted murder a lesser included crime of any completed crime?
California, United States of America
The following excerpt is from People v. Perryman, C075570 (Cal. App. 2015):
As a general proposition, attempt is a lesser included offense of any completed crime. However, this is not true where an attempt requires a "particularized intent that goes beyond what is required by the completed offense"; thus, because attempt is a crime of specific intent, it is not a lesser included offense of crimes of general intent. (People v.
Page 6
"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 a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
Is an attempt to commit a crime considered a lesser included offense of the completed crime? (California, United States of America)
Does a jury have a duty to instruct the jury on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Does the crime of being accessory to murder constitute a lesser included crime? (California, United States of America)
Is a lesser included crime to another crime where both crimes are charged? (California, United States of America)
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
What is the applicable section of section 186.22(b)(1)(C) of the California Criminal Code for the attempted murder of a man who was convicted of the crime of attempted murder? (California, United States of America)
Is there any case law supporting the argument that the assault with a deadly weapon is not a lesser included or lesser included crime? (California, United States of America)
