Legal Question in Criminal Law in California
doctrine of greater crime
Is there a legal doctrine that states that the person committing the lesser crime should not be charged e.g. carrying a concealed weapon is typically not legal, however, if defending themselves against criminal attack, the victim will not be charged, rather the assailant will be charged.
2 Answers from Attorneys
Re: doctrine of greater crime
No, but prosecutors have a great deal of discretion in such matters and will often choose not to prosecute the victim of the more serious crime. The are more likely to use this discretion where the lesser crime made the victim more vulnerable to the greater crime, as when a client assaults a prostitute.
Re: doctrine of greater crime
It depends, and in large part it's up to the discretion of prosecutors. Google 'Bernhard Goetz'.
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