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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Default Does the Sentence Have to Match the Charge

    I hope you don't deem this question too stupid. I have tried to find the answer to this but I have not succeeded.

    If someone is charged with something, as for example Murder, can they then be sentenced guilty on something like Manslaughter instead or the other way around?

    My impression was that if I am charged with something I am either guilty or not guilty for that crime. So if I'm charged with murder and my attourney believes he has a good case showing no intent on my count and thus renders me not guilty, can the judge or jury sentence me guilty for manslaughter instead since the killing may in fact have been accident?

    This is of course only a general inquiry and I have no intention of ever being stupid enough to take anothers life. But I'm interested in law and found nothing on this. Perhaps the question is just that stupid.
    Either way I would be very glad for a response.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Does the Sentence Have to Match the Charge

    You are sentenced based upon the offense (s) for which you are convicted. If convicted of unlawful homicide, then you would be sentenced based upon the rules governing that offense.

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