Is there a greater including or lesser included crime?
California, United States of America
The following excerpt is from People v. Sanchez, 103 Cal.Rptr.2d 698, 16 P.3d 118, 24 Cal.4th 983 (Cal. 2001):
Crimes are greater including and lesser included offenses if a perpetrator cannot commit the former without necessarily committing the latter. (See, e.g., People v. Birks (1998) 19 Cal.4th 108, 117-118, 77 Cal.Rptr.2d 848, 960 P.2d 1073.)
Whether crimes are greater including and lesser included offenses is important for purposes of notice and proof.
"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
Is a lesser included crime within the elements of a greater crime? (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)
What is the test for determining whether a crime is a lesser included offense of a greater crime? (California, United States of America)
What is the test for determining whether a lesser crime is necessarily included in a greater crime? (California, United States of America)
Is a conviction of a lesser crime necessarily included in the charge of a greater crime set to be overturned? (California, United States of America)
Is a lesser included crime to another crime where both crimes are charged? (California, United States of America)
Can a defendant be convicted of both a greater crime and a necessarily included lesser crime for the same conduct? (California, United States of America)
Can a defendant be convicted of both the lesser included and the greater included crime? (California, United States of America)
What are the elements of a lesser included crime within a greater crime? (California, United States of America)
What is the test for determining whether a lesser crime is necessarily included in a greater crime? (California, United States of America)
