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Lesser Included Offenses: How An Experienced Criminal Defense Attorney Could Save you From a Felony Conviction

By Walin & Klarich

Most felonies could be charged as lesser offenses. In other words, the lesser offenses are a part of the felony because they include the same elements. Typically, the jury must be instructed on the lesser included offense. For example, the crime of felony assault includes the lesser offense of simple assault. Simple assault requires that the prosecution prove the following elements: The defendant willfully attempted to inflict injury upon another, or the defendant willfully attempted to threaten to inflict injury upon another; and The defendant had an apparent present ability to carry out such injury or threat; and This injury or threat causes the victim to have a reasonable apprehension of immediate bodily harm. Felony assault requires that the prosecution prove the elements of simple assault plus the fact that the defendant used a deadly weapon...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 07, 2010 (boomark / email).