Lesser Included Offenses :: Tennessee Criminal Lawyer Blog

The concept of "lesser included" offenses is an important one in the realm of criminal law. Simply put, a "lesser included" offense is one that has many of the same elements as a more serious offense but is punished to a lesser degree. For instance, if a defendant is charged with first-degree murder, some lesser included offenses would be attempted first degree murder, second-degree murder, attempted second degree murder, etc. Lesser included offenses are so important in the area of criminal law that courts have held that attorneys sometimes provide ineffective assistance of counsel by failing to request jury instructions on lesser included offenses and that lower courts have made prejudicial errors by failing to give instructions on them.

Lesser included offenses can be akin to a double-edged sword for criminal defendants. On the one hand, an instruction as to a lesser included offense may enable the jury to find the defendant guilty of a less serious charge than that with which the defendant is actually charged, saving the defendant a considerable amount of jail time. However, an instruction as to a lesser included offense may result in the conviction of a defendant when the evidence simply was not sufficient to support the more serious charge but may be adequate to support the lesser.

Knowing which lesser included offenses to request in which cases is a skill that experienced criminal defense attorneys can hone as they conduct more and more trials. Such a skill can work in the favor if the defendant in many cases, as many juries are willing to convict a defendant of less serious offenses when the evidence is scant as to the major offenses or the charge of the major offense makes the jury uncomfortable. Contact a skilled Tennessee criminal defense attorney today to discuss your case and explore your sentencing options.