Originally Posted by
altasnob
A prosecutor can always charge lesser included charges, below what the grand jury approves of. For instance, if the grand jury says Theft 2nd Degree (more than $750), the prosecutor can, strategically, chose to charge both Theft 2nd and Theft 3rd (less than $750), or just Theft 3rd. They would do this if there some doubt the theft is above $750. That way they at least get something. But this is all trial strategy. Prosecutors normally go for broke because they don't want to allow jurors to split the baby. A great example of the prosecutor going for broke and having it backfire is the Ammon Bundy trial where he took over the wildlife refuge (he was aquitted when he most certainly committed some uncharged, federal offenses).