What is the lesser included crime for domestic violence?

California, United States of America


The following excerpt is from People v. Smith, E064110 (Cal. App. 2017):

Accordingly, the only available lesser included offense is simple battery in violation of Penal Code section 242. (See People v. Conley (2004) 116 Cal.App.4th 566, 574.) We will reduce defendant's domestic violence conviction to this offense.

Other Questions


Does section 31 of the California Criminal Code permit an aider and abettor to be convicted of a lesser crime or lesser degree of crime than the ultimate crime committed by the perpetrator? (California, United States of America)
Is a lesser included crime to another crime where both crimes are charged? (California, United States of America)
What is the test for a defendant to be convicted of a lesser included or lesser included crime? (California, United States of America)
What is the test for whether a crime is a lesser included crime of another crime? (California, United States of America)
Is a charge for an uncharged crime included in a charge of a lesser included crime? (California, United States of America)
Is there any case law supporting the argument that the assault with a deadly weapon is not a lesser included or lesser included crime? (California, United States of America)
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
Is a conviction of a lesser crime necessarily included in the charge of a greater crime set to be overturned? (California, United States of America)
Does the crime of being accessory to murder constitute a lesser included crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.