Is there a defense that would support a finding that the offense was less than charged?

MultiRegion, United States of America

The following excerpt is from Ward v. Bitter, No. 2:12-cv-00047-JKS (E.D. Cal. 2013):

defense, which would support a finding 'that the offense was less than charged,' is lacking." Id. (quoting People v. Rios, 23 Cal. 4th 450, 463 n.10 (2000)).

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