Is a concealed weapon an element of the crime?

California, United States of America


The following excerpt is from People v. Soriano, 279 Cal.Rptr.3d 569, 65 Cal.App.5th 278 (Cal. App. 2021):

People v. Rubalcava, supra , 23 Cal.4th at p. 331, 96 Cal.Rptr.2d 735, 1 P.3d 52 ["the intent to use the concealed instrument as a stabbing instrument is not an element of the crime"].)

Other Questions


When a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or the charging allegations? (California, United States of America)
Does the prosecution have to avoid using relevant, persuasive evidence to prove an element of a crime because that element might also be established through other evidence? (California, United States of America)
What is the test for establishing that there is a presumption of a crime as an element of the crime? (California, United States of America)
Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
What is the difference between a crime proscribing a negligent act and a crime with a scienter element? (California, United States of America)
What are the elements of a lesser included crime within a greater crime? (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)
Is a vehicle used as an assault weapon an element of the crime of murder? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.