Houston Texas Jury Instruction — Lesser Included Offense is a set of legal guidelines provided to the jury during a criminal trial in Houston, Texas. This instruction is crucial for defendants and legal professionals to understand, as it pertains to the potential outcomes and charges that the jury may consider. A lesser included offense refers to a crime that is considered a subset or a less severe version of the main charge that the defendant is facing. In Houston, Texas, there are various types of lesser included offenses that the jury may deliberate on based on the evidence presented in the trial. These include: 1. Assault: This lesser included offense may be considered when the main charge is a more severe form of assault, such as aggravated assault. The jury can evaluate whether the evidence supports a conviction for a lower level of assault. 2. Theft: If the primary charge is a high-level theft offense, the jury may be instructed on lesser included offenses such as petty theft or misdemeanor theft if the evidence supports a conviction for a lesser charge. 3. Manslaughter: When the main charge is for a more serious offense such as murder, the jury may be instructed on the lesser included offense of manslaughter if the evidence suggests that the defendant's actions did not meet the criteria for murder. 4. Possession of Controlled Substances: In cases where the defendant is charged with a high-level drug offense, the jury may be instructed on lesser included offenses such as possession of drug paraphernalia or a smaller quantity of controlled substances if the evidence supports such charges. 5. DUI / DWI: If the primary charge is driving under the influence (DUI) or driving while intoxicated (DWI), the jury can be instructed on lesser included offenses such as reckless driving or a lower level of impaired driving if the evidence warrants it. During the trial, the defense or prosecution may request instructions on these lesser included offenses based on the presented evidence. The jury will then consider whether the evidence supports a conviction for the main charge or any of the lesser included offenses. It is important to note that the availability and specific types of lesser included offenses may vary depending on the nature of the main charge and the jurisdiction. Therefore, it is crucial for defendants and legal professionals in Houston, Texas, to be familiar with the applicable Houston Texas Jury Instruction — Lesser Included Offense guidelines to ensure a fair and just trial.