Alabama § 13A-1-9 Lesser Included Offenses

Alabama Statutes

§ 13A-1-9 — Lesser Included Offenses

Alabama § 13A-1-9

Title 13ACriminal Code

Ch. 1General Provisions

This text of Alabama § 13A-1-9 (Lesser Included Offenses) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 13A-1-9 (2026).

Text

(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 ve

Free access — add to your briefcase to read the full text and ask questions with AI

(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.