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Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 7 - CHAPTER 77
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77.4 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter

    77.4.4 Assault On Police Officer: Lesser Offenses

    77.4.4.1 Assault On Police Officer: Defense Theory That Simple Assault Or Assault With A Deadly Weapon Are Lesser Included Offenses


FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 7 - CHAPTER 77

    77.4.4.1    Assault On Police Officer: Defense Theory That Simple Assault Or Assault With A Deadly Weapon Are Lesser Included Offenses

PRACTICE NOTE: In California, simple assault and/or assault with a deadly weapon are statutorily lesser included offenses of assault with a deadly weapon upon a police officer and of assault with an assault weapon upon a police officer.

OPINION AVAILABLE: Click here. [Opinion Bank # O-199].