Examples of Using the Defense of Lesser Included Offenses in Georgia

As a Georgia Criminal Defense Lawyer, I do my best to explain common legal defenses to criminal accusations in the state of Georgia. 

In today's post, I will focus on the defense of lesser included offenses in Georgia. 

Here are some examples of what can happen if the defense is utilized properly:

• Aggravated Battery in Georgia --- Battery in Georgia
• Murder in Georgia --- Voluntary Manslaughter in Georgia
• Armed Robbery in Georgia --- Robbery in Georgia
• Burglary in Georgia --- Theft by Taking in Georgia
• Aggravated Assault in Georgia --- Assault in Georgia
• Arson in Georgia --- Criminal Damage to Property in Georgia

The legal definition of lesser included offenses in Georgia can be found in the Georgia Code as:

1. It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the charged crime.
2. It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission. O.C.G.A. §16-1-6.

As with any of the Georgia Criminal Defenses, the defense of lesser included offenses is best applied by a Georgia Criminal Defense Attorney. No one should attempt to defend themselves in their own case. 

Your defense starts with us. We can investigate your case to see if this defense applies or if there is another defense that is better suited. If the facts of your case establish that a lesser offense has been committed instead, we will properly execute this defense. 

We have decades of experience with criminal defense practice in Georgia. If you or a loved one has been charged with committing a crime in Georgia, contact us today.