What is the test for determining whether a crime is a lesser included offense of a greater crime?

California, United States of America


The following excerpt is from People v. Ballard, C086079 (Cal. App. 2021):

Defendant misses the point. Under the elements test, the test for determining whether a crime is a lesser included offense of a greater crime is whether the elements are the same. " 'The elements test is satisfied if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, such that all legal elements of the lesser offense are also elements of the greater. [Citation.] In other words, " '[i]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former.' " ' ([People v.] Bailey [(2012)] 54 Cal.4th [740,] 748.)" (People v. Robinson (2016) 63 Cal.4th 200, 207, fn. omitted.)

Other Questions


What is the test for determining whether a crime is a lesser included offense of a greater crime? (California, United States of America)
What is the test for determining whether a lesser crime is necessarily included in a greater crime? (California, United States of America)
What is the test for determining whether a crime is necessarily or necessarily a lesser included offense of another crime? (California, United States of America)
What is the test for determining whether a lesser crime is necessarily included in a greater crime? (California, United States of America)
What is the test to determine whether a lesser offense is necessarily included in a greater offense? (California, United States of America)
What is the test for an appellate court to determine whether a crime of attempted robbery is a lesser included crime? (California, United States of America)
What is the test used to determine whether a crime is necessarily included as a lesser offense? (California, United States of America)
What is the test for determining whether a lesser offense is necessarily included in a greater offence? (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)
What is the test to determine if a lesser offense is necessarily included in a greater offense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.