Lesser Included Offense of Another Crime
The test for whether a particular crime is a lesser- included offense of another crime is
whether it is, by its very nature, always a constituent part of the greater offense, or whether the charging document describes the lesser offense even though it does not always make up a constituent part of the greater offense.
State v. Brown, 195 Ariz. 206, 207-08, P5, 986 P.2d 239, 240-41 (App. 1999); see State v. Gooch, 139 Ariz. 365, 366-67, 678 P.2d 946, 947-48 (1984). Using this approach, the first step is to comparatively analyze the elements of the respective statutes.
A person commits the offense of hindering prosecution if (1) with the intent to hinder the apprehension, prosecution, conviction or punishment of another person for (2) any felony, (3) the person renders assistance to the other person. A.R.S. 13- 2512(A). a person renders assistance by knowingly:
Harboring or concealing the other person; or
Warning the other person of impending discovery, apprehension, prosecution or conviction; or
Providing the other person with money, transportation, a weapon, a disguise or other similar means of avoiding discovery, apprehension, prosecution or conviction; or
Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of the other person; or
Suppressing by an act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of the other person; or
Concealing the identity of the other person.