Is assault with a deadly weapon a lesser included crime?

California, United States of America


The following excerpt is from People v. Ramos, 180 Cal.Rptr. 266, 30 Cal.3d 553, 639 P.2d 908 (Cal. 1982):

Appellant claims that the trial court erred in failing to instruct the jury sua sponte on the crime of assault with a deadly weapon. Whether or not assault with a deadly weapon is a lesser included offense when a defendant is charged both with robbery and a "use" allegation, a trial court, as we explained in People v. Flannel (1979) 25 Cal.3d 668, 683-686, 160 Cal.Rptr. 84, 603 P.2d 1, is required to give such an instruction only if there is substantial evidence to support a jury's determination that the defendant was in fact only guilty of the lesser offense.

Other Questions


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)
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Does an individual have a right to a lesser related or lesser related crime instruction in an assault with a deadly weapon? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
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