Legal Question in Criminal Law in New Jersey
Non 2 C Charges ( Lesser Included Offfences)
When being charged in an indictment for murder or felony murder 1st degree, Are lesser included offences allowed under court rules?? I have read this in the non 2 c charges and believe that the Judge is not suppose to allow a lesser charge Like Aggrevated manslaughter. Please let me know if I am right?? Approved 2/25/02
LESSER INCLUDED OFFENSES
The law requires that the Court instruct the jury with respect to possible (lesser) included
offenses, even if they are not contained in the indictment. Just because the Court is instructing
you concerning these offenses does not mean that the Court has any opinion one way or another
about whether the defendant committed these, or any, offenses. You should consider these
offenses along with those for which the defendant is indicted. However, you are not to render a
verdict on these offenses or answer the questions on the verdict sheet unless you find that the
State has failed to meet its burden with regard to the offense(s) in the indictment.
NOTES: 1. This charge should not be used in homicide cases.
2. This charge should not be used in cases where the lesser-included offenses
are contained in the statute; e.g., robbery and robbery while armed.
1 Answer from Attorneys
Re: Non 2 C Charges ( Lesser Included Offfences)
Generally, a judge is empowered to instruct a jury as to a lesser, included offense where a less serious offense is a component of a crime. For example, a simple assault is lesser, included component of an aggravate assaulte because there must be some sort of assault to have an aggravated assault. A theft is a lesser included part of a robbery because a robber is a theft with the use
of threats of bodily harm or with bodily harm.
Your question is difficult to answer because the answer probably depends on the exact facts of the murder case. It all depends. I would need more information to answer your question.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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