What are the elements of a lesser included crime within a greater crime?
California, United States of America
The following excerpt is from People v. Sandoval, G058228 (Cal. App. 2020):
"The elements test is satisfied when '"all the legal ingredients of the corpus delicti of the lesser offense [are] included in the elements of the greater offense." [Citation.]' [Citations.] Stated differently, if a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former. [Citations.]" (People v. Lopez, supra, 19 Cal.4th at p. 288.)
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