Is assault included within the crime of robbery?
California, United States of America
The following excerpt is from People v. O'Malley, 199 Cal.Rptr.3d 1, 365 P.3d 790, 62 Cal.4th 944 (Cal. 2016):
included within the crime of robbery, even when the pleading alleges a robbery by force and fear (see People v. Wright (1996) 52 Cal.App.4th 203, 59 Cal.Rptr.2d 316 ), we concluded that the trial court was not required to instruct on assault in any event because
[62 Cal.4th 985]
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