Legal Question in Criminal Law in Tennessee

My son has been indicted with a charge of aggreviated rape and now my lawyer said that he does not meet the criteria of this charge but now they are trying to charge him with rape. my question is can they not just dismissed the charges all together because he does not meet the aggraviated rape charge criteria can they still go after him for rape.

Asked on 5/06/11, 11:15 am

1 Answer from Attorneys

Michael Shipman Shipman & Crim, PLC

Rape is a lesser included offense of a aggravated rape meaning that all of the elements of rape are already included within the charge of aggravated rape. The state would not have to charge your son with the criminal offense of rape - they could charge him only with aggravated rape and yet he could still be convicted of only rape. The judge would instruct the jury at trial, that although not specifically charged, rape is by its very nature a lesser included offense of aggravated rape and they could find him guilty of rape if they did not believe the evidence was sufficient to establish the charge of aggravated rape.

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Answered on 5/13/11, 9:44 am

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