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Lesser Included Offenses

In many cases that go to trial, it is important to request that the judge give the jury a lesser included offense instruction. That means that you ask the judge to tell the jury that the crime with which the defendant has been charged includes a lesser crime and that, if they feel the facts warrant it, they can find the defendant guilty of the lesser crime instead of the charged crime. For instance, in Arizona, theft is a lesser included offense of robbery, so if you are accused of robbery, the judge can tell the jury that they can find you guilty of theft instead. Some jurors don’t like the fact they only have two options (guilty or not guilty), so a lesser included offense instruction gives them … Read entire article »

Filed under: Arizona Cases

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