How Prosecutors Use Lesser Included Offenses as Leverage to Induce Guilty Pleas

When facing criminal charges, defendants often encounter a strategy employed by prosecutors: leveraging lesser included offenses to secure guilty pleas. While this tactic can simplify the legal process, it’s essential for defendants to understand how it works and what it could mean for their case. Read below as we aim to shed light on this prosecutorial strategy as part of our commitment to ensuring defendants are fully informed about their rights and options. If you have been arrested for DWI, DWAI, or other felonies or misdemeanors in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., to speak with one of our skilled and experienced Goshen criminal defense lawyers.
What Are Lesser Included Offenses?
A lesser included offense is a crime that is composed of some, but not all, of the elements of a more severe charge. For example:
- Assault: Simple assault might be a lesser included offense of aggravated assault.
- Theft: Petty larceny could be a lesser included offense of grand larceny.
- Manslaughter: Manslaughter might be a lesser included offense of murder.
These offenses inherently overlap, but the lesser offense typically carries reduced penalties compared to the greater charge.
Why Do Prosecutors Use Lesser Included Offenses?
Prosecutors have a vested interest in resolving cases efficiently, and trials are time-consuming and resource-intensive. By offering a plea deal involving a lesser included offense along with the higher offense, prosecutors can pressure defendants to plead guilty to the lesser offense. From a prosecutor’s perspective, this method can accomplish the following benefits:
- Avoid the uncertainty of trial: Trials can result in acquittals or hung juries, while plea agreements guarantee a conviction.
- Secure quicker resolutions: Plea deals can expedite case closures, freeing up resources for other prosecutions.
- Maintain control over outcomes: Lesser included offenses provide flexibility to secure a conviction without the burden of proving the more severe charge.
How Lesser Included Offenses Create Leverage
When facing serious charges, the threat of a severe penalty—such as lengthy imprisonment—can pressure defendants into accepting a plea deal for a lesser offense. Prosecutors may present the offer as a “best-case scenario,” making defendants feel they are mitigating risk.
For instance, a defendant charged with felony burglary might be offered the opportunity to plead guilty to misdemeanor trespassing. While this may seem like a favorable outcome, it is crucial to weigh all options carefully before accepting any deal.
Potential Pitfalls of Accepting a Plea Deal
Plea deals involving lesser included offenses are not without consequences. Accepting such a deal can still result in:
- Criminal records: Even a lesser offense conviction may leave a lasting mark on your record, affecting employment, housing, and other opportunities.
- Probation or fines: Lesser offenses can still lead to significant penalties, including probation, community service, or hefty fines.
- Waived rights: Pleading guilty forfeits your right to trial and the opportunity to contest the charges in court.
How a Skilled Defense Attorney Can Help
At Dupée & Monroe, P.C., we understand the pressures defendants face when going through the criminal justice system. Our experienced attorneys are here to evaluate plea deals, negotiate with prosecutors, and, when necessary, take your case to trial. We ensure your decision is fully informed, considering all legal and personal implications.
Call Us for Experienced Criminal Defense in Orange County and the Hudson Valley
If you’ve been charged with a felony or misdemeanor, don’t face the prosecution without skilled legal advice and representation. Contact Dupée & Monroe, P.C., at 845-294-8900 to speak with an experienced criminal defense attorney. We are dedicated to protecting your rights, fighting for the best possible outcome, and guiding you through every step of the process.