Lesser-Included Offenses
No criminal defense attorney wants to see their client found guilty, but sometimes, a guilty verdict is actually a good thing.
Under Florida law, many charges - primarily felonies - have "lesser-included" charges contained within them. In other words, a lesser charge, such as a
misdemeanor, may be contained within a felony charge. If a jury doesn't find that a felony has been proven, the jury has the option of finding that the defendant is guilty of a lesser charge.
Let's say, for example, that a client is charged with
grand theft. Grand theft is a felony of the third degree, punishable by a maximum of 5 years in prison. That means that if this client decides to take the case to trial, the judge may legally sentence this client to up to 5 years in state prison if they are found guilty.
So let's say that the allegation is that the client stole $350 worth of goods from a store. The State Attorney is able to prove that the client stole something that didn't belong to them, but they are unable to establish, beyond a reasonable doubt, the value of the item.
Result? The client is found guilty of the lesser-included offense of
petit theft. Now instead of being convicted of a felony, the client has been found guilty of a second degree misdemeanor and can only be sentenced to up to 60 days in jail.
All criminal defense attorneys should request that lesser-included offenses be offered to the jury in the instructions and on a verdict form.
Some lesser-included offenses include:
PRIMARY CHARGE
LESSER-INCLUDED CHARGE
These are just a few.
Getting a guilty-lesser is a victory, second only to a verdict of not guilty.
The Law Offices of Eric M. Matheny, P.A., is a criminal defense law firm that serves clients in Miami-Dade County and Broward County.