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Originally Posted by TonyB06
As to lesser included offenses "always" being an option, perhaps the legal folks will weigh in, but I know it was definitely an option in the Zimmerman trial.
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From state to state YMMV, but around here, it's up to the state what the Defendant is charged with. If they want to allow the jury to convict of a lesser included, they can charge it. If they want murder in the first degree and nothing else, they can do that as well.