Lesser-Included Offenses

The Rule of Lenity and Lesser-Included Offenses

Last time, we talked about the problem of being overcharged.  Now, what are some remedies?  How can you combat the issue of the prosecution over-reaching?  We are going to discuss two possible remedies…

First, Georgia recognizes an unsung hero among principles of law: the Rule of Lenity. Law books

The Rule of Lenity is a legal principle that says if identical conduct, as charged, would support a conviction for two crimes with different penalties, then the person shall be punished only for the offense carrying the lesser punishment.  However, this analysis is not so simple in practice.  It is case-specific and very fact-intensive.

Second, there is a possibility that the judge will give a jury charge on lesser-included offenses at trial.  The law provides that a person accused of a crime may be convicted of a lesser offense if it differs from the more serious offense in that there was a less culpable mental state or that a less serious injury or risk of injury is involved.  So, was your conduct reckless or negligent rather than intentional?  Was the act, or result of the act, less serious than the State alleged?  Here again, this analysis is very case-specific and fact-intensive.  

If you or someone you know has been overcharged by the State, please let one of our lawyers help you.  We are always available to talk with you about your case: (404) 581-0999.