Criminal Defense of Immigrants


§ 5.28 (D)

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(D)  Lesser-Included Offenses.  It may be more difficult to obtain the prosecution’s agreement to a plea to a lesser-included offense because the offense is not as serious and does not have as large a potential maximum sentence as the charged offense.  On the other hand, a lesser-included offense is very closely related to the facts of the offense originally charged, so there would be little difficulty persuading prosecutor or court that this disposition is factually appropriate so long as the more minor nature of the disposition is not an insuperable obstacle.