Section 13A-1-9 Lesser Included Offenses.
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/al/title-13a-criminal-code/chapter-1-general-provisions/13a-1-9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A defendant may be convicted of an offense included in an offense charged. An offense is an included one if:
(1)It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or
(2)It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or
(3)It is specifically designated by statute as a lesser degree of the offense charged; or
(4)It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.
(b)The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.