Is assault by striking, beating or wounding a lesser included offense of Defendant's crime of conviction?

MultiRegion, United States of America

The following excerpt is from USA. v. Pierre, 254 F.3d 872 (9th Cir. 2001):

Assault by striking, beating, or wounding is not a lesser- included offense of Defendant's crime of conviction, which was assault with a dangerous weapon. To identify lesser- included offenses, federal courts follow the "elements" test. Schmuck v. United States, 489 U.S. 705, 716 (1989). Under that test, an offense is not "lesser included " unless (1) the elements of the lesser offense are a subset of the elements of the charged offense, and (2) it is impossible to commit the greater offense without first having committed the lesser. Id. at 716, 719.

Other Questions


What is the test for submitting or considering a crime as a lesser included offense of a crime for which a defendant has been indicted? ("New York", United States of America)
Can a defendant be convicted of possession of an assault weapon if they were convicted of the crime even though they did not know that the weapon was converted to an automatic weapon? (MultiRegion, United States of America)
What is the test for determining whether a defendant is guilty of a lesser included offence but innocent of the included offense? (MultiRegion, United States of America)
When a defendant is convicted of a charge of perverting the course of justice in a sexual assault case, what are the consequences of his original conviction for the crime? (MultiRegion, United States of America)
What is the case law on habeas relief for a defendant who was found guilty of a lesser crime than his co-defendant in a sexual assault case? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does a defendant have a procedural right to a lesser included offense? (MultiRegion, United States of America)
Is there any case law where a defendant has been convicted on appeal against his conviction for sexual assault? (MultiRegion, United States of America)
What is the proper cross-examination of a defendant who has never been convicted of any crime or offense? (MultiRegion, United States of America)
Is a lesser-included offense included in a criminal indictment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.