If that plea is to a lesser-included offense
, that notice will include a re-written specification.
If the State alleges the defendant possessed cannabis, in an amount more than 20 grams, with intent to sell, purchase, deliver, or manufacture the cannabis, there will be both a felony necessary lesser-included offense
of simple possession and a misdemeanor lesser-included offense
of simple possession.
47) Defendants thus would be labeled as depraved, but there existed a possibility that a jury would consider the depraved indifference murder as a lesser-included offense
of intentional murder.
For instance, they can be simultaneously charged with a greater offense and with a lesser-included offense
within the legal definition of the greater offense (which often carries a lower burden of proof), and can be convicted of either the individual charge or both charges.
Alaska, (11) the petitioner brought a still-unresolved issue of double jeopardy to the Court, questioning whether the Alaska courts had properly held that a jury deliberating on the greater offense could be precluded from considering the lesser-included offense
unless it had unanimously agreed to acquit on the greater charge.
Though I have found no law on this precise point, the closest analogue is most courts' refusal to give lesser-included offense
instructions in non-capital cases unless prosecutors have chosen to charge the lesser-included offenses
In other words, police may question a defendant charged with crime A about crime B so long as one of these is not a lesser-included offense
of the other.
The court will determine whether bank larceny is a lesser-included offense
of bank robbery, as a matter of law, pursuant to the textual "elements" test adopted by the U.
First, conviction of a lesser-included offense
should not always bar a second prosecution for a greater offense.
91) These courts believed that Jeffers concluded that conspiracy is a lesser-included offense
of CCE, so punishments for both would violate double jeopardy.
107) Second, a conviction of a lesser-included offense
when the greater offense is at issue is considered an implicit acquittal of the greater and bars subsequent prosecution of the greater offense, even if the case is retried after appeal on the lesser offense.
64) In dictum, Summers concluded that third degree CSC is a lesser-included offense
of first degree CSC.