Everything about Merger Doctrine Criminal Law totally explained
The merger doctrine in the
common law of
criminal law requires that
lesser included charges merge into more serious offenses charged. For example, a criminal defendant couldn't be convicted of both
assault and
robbery stemming from a single event, because a robbery includes an assault. Similarly,
manslaughter can't act as the "underlying felony" for the purposes of a
felony murder charge, since it would have the effect of making all manslaughters felony murder. The offenses therefore merge, and the defendant can be convicted of either only the robbery or the assault in the first case, and only the manslaughter in the second.
Solicitation to commit a crime and
attempt to commit a crime, although not strictly speaking lesser included offenses, merge into the completed crime. As an important exception, however, the crime of
conspiracy doesn't merge into the completed crime. Some states have eliminated the doctrine, permitting defendants to be convicted of both the lesser included and the greater charge.
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