Is assault with a firearm a lesser related crime than attempted murder?
MultiRegion, United States of America
The following excerpt is from Lewis v. California, No. 2: 11-cv-1444 KJN P (E.D. Cal. 2012):
As indicated above, petitioner concedes that assault with a firearm is not a lesser include offense of attempted murder. Rather, assault is a lesser related offense of attempted murder. Jury instructions on lesser related offenses are not required under the Constitution. Hopkins v. Reeves, 524 U.S. 88, 94-96 (1998).
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