Is there a difference between assault with a firearm and reckless discharge from a motor vehicle?

California, United States of America


The following excerpt is from People v. Ambriz, F061401, F061579, F061676 (Cal. App. 2012):

Here, defendants willfully and maliciously discharged a firearm six times from a motor vehicle at an occupied residence, which constitutes circumstances showing a conscious disregard for the probability such a result, shooting at a person, will occur. Moreover, assault with a firearm is not a lesser included offense of shooting from a motor vehicle; hence, convictions for both crimes stand. (People v. Licas (2007) 41 Cal.4th 362, 370-371.)

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