Legal Question in Criminal Law in New York
criminal charges
If a charge is written and entered and you start the trial can the prosecution change or rewrite the charge at that point
1 Answer from Attorneys
Re: criminal charges
There are certain circumstances when the charges can be reduced or where the DA can ask the court to submit "lesser included" charges to the jury.
A lesser included offense shares some, but not all, of the elements of a greater criminal offense. Therefore, the greater offense cannot be committed without also committing the lesser offense. For example, manslaughter may be a lesser included offense of murder, assault can be a lesser included offense of rape, and trespass is often a lesser included offense of burglary. It depends on the charges and I would have to know more specific information in order to give you a full answer.
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