The California legal system should be designed so that everyone accused of a crime can clearly understand what they are accused of. Unfortunately, this is not always the case. With literally thousands of laws on the books, and a varying level of degree for each of those crimes, it can be difficult or impossible for the accused to be sure what they are being charged with.
Of course, the best way to handle this situation is to contact a California attorney. In the meantime, read on if you have questions about what it means to be charged with lesser included offenses.
What is a Lesser Included Offense?
In criminal law, a lesser included offense is a part of another crime but is less serious. There are various methods that can be used to determine whether a crime is actually included within another crime. For example, it may involve looking at the allegations in the charging document, in the actual evidence, or by looking at the elements of the crime.
When the elements test is used, the greater crime will contain any element of the lesser included crime, as well as an additional element. For example, consider drug crimes. The law may involve three elements:
- Knowingly and unlawfully
- Possession drugs
- With the intent to sell them
The first two elements can stand alone as a drug possession charge but when the third element is added, the charge becomes possession with the intent to sell. As a result, a lesser included offense would be the possession of the drugs themselves.
What Difference Do Lesser Included Offenses Make?
Lesser related included references are essential to both the person charged with the crime and the prosecutor charging the individual. Why? Because depending on the specific law the defendant has been charged with, and the instructions the judge gives to the jury, it may be possible for the jury to convict on the lesser included offense instead of the charge the prosecution has brought forth.
This would of course generally mean a more lenient penalty for the defendant. On the other hand, if the prosecution believes that they have a case but are not sure they can prove the higher charge, a lesser included offense can offer the jury the opportunity to convict on something when a conviction may otherwise not have been possible.
Your Attorney Can Help You Understand All the Charges You Are Facing
Lesser included offenses are generally only relevant when a case gets to trial and most charges do not end up at trial. The first step is to contact an experienced criminal defense attorney who can assist you in finding the right defense. We can work to have the charges reduced or dropped. If the prosecution refuses to work with us, then we may take your case to court, at which point lesser included offenses may be relevant.