I know I did something wrong, and I think I broke the law, but I don’t think I am guilty of the felony offense I am accused of. What is a “lesser included offense”?
A lesser included offense is an offense of a lower class that has many of the same elements necessary to prove a greater offense. For instance, assault is a lesser included offense to aggravated assault with a deadly weapon. Trespass is a lesser included offense to burglary. Theft 50-500 is a lesser included offense to theft 1500-20,000. Possession of a controlled substance is a lesser included offense to delivery of a controlled substance. Driving while intoxicated is a lesser included offense to intoxicated assault. The list goes on and on. “Attempt” to commit an offense is always a lesser-included offense to the offense itself, and is always one offense class lower than the actual offense. Many felony offenses have lesser-included offenses that are misdemeanors. If you are charged with a felony and the state has obvious problems with its case, your attorney may be able to persuade the prosecutor to let you plead guilty to a lesser-included misdemeanor. Your attorney may ask the pros
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