Is assault on a peace officer a lesser included offense?

California, United States of America

The following excerpt is from People v. Oliver C. (In re Oliver C.), G048349 (Cal. App. 2014):

omitted.) Thus, applying the "elements" test for assessing a claim of lesser included offense (see People v. Reed, supra, 38 Cal.4th at p. 1231 [holding that only the elements test, and not the accusative pleading test, is appropriate for determining what qualifies as a lesser included offense]), the Attorney General concludes that assault on a peace officer under 241(c) is not a lesser included offense of battery on a peace officer under 243(b).

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Is assault on a peace officer a lesser included offense?

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