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“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi-tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under [Minn. Stat. §] 609.04.”

Minnesota Statutes section 609.04 (2020) “forbids two convictions of the same offense or one offense and a lesser-included offense on the basis of the same criminal act.”

“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi-tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under section 609.04.”

“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi- tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under [Minn. Stat. §] 609.04.”

See Minn. Stat. § 609.04 (2020) (“Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both.”); (“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi -tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under section 609.04.”).

An “included offense” includes “a lesser degree of the same crime or a lesser degree of a multi-tier statutory scheme dealing with a particular subject.”

“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi-tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under [Minn. Stat. §] 609.04.”

1(3)-(4); (explaining that “[i]f the lesser offense is a lesser degree of the same crime or a lesser degree of a multi-tier statutory scheme dealing with a particular subject, then it is an ‘included offense’”).

see also Minn. Stat. § 609.04, subd.

10 in the category of “a lesser degree of the same crime.” We have stated that “[i]f the lesser offense is a lesser degree of the same crime or a lesser degree of a multi-tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under section 609.04.”

at (1), which encompasses a crime of “a lesser degree of a multi-tier statutory scheme dealing with a particular subject.”

(vacating defendant’s conviction for second-degree assault “on the ground that it is a lesser inc luded offense of the offense of assault in the first degree”).

An offense is an included offense if it is a “lesser degree of the same crime.” Id.; (“If the lesser offense is a lesser degree of the same crime .

(citations omitted) (emphasis added).

(“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi -tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under section 609.04.”).

(“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi-tier statutory scheme dealing with a particular s ubject, then it is an ‘included offense’ under section 609.04.”).

14 ‘included offense’ under section 609.04.”

“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi -tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under section 609.04.”

“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi-tier statutory scheme deali ng with a particular subject, then it is an ‘included offense’ under section 609.04.” (quotations and citations omitted).

“If the lesser offense is a lesser degree of the same crime or a lesser degree of a multi -tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under section 609.04.”

Minn. Stat. § 609.04 (2014) ; State v. Hackler

Minnesota courts have also held that Minn. Stat. § 609.04 “bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” (“If the lesser offense is a lesser degree .

“If the lesser offense is a lesser degree of the same crime or a lesser de gree of a multi-tier statutory scheme dealing with a particular s ubject, then it is an ‘included offense’ under section 609.04.” see also Minn. Stat § 609.04, subd.

1 (2016) (forbidding tw o convictions on both the crime charged and an “included offense”); (“If the lesser offense is a lesser degree .

“[T]he fact that the lesser offense is not necessarily proved by proof of the commission of the greater offense does not mean 9 that the lesser offense is not an included offense under section 609.04.”

Clemmensen argues that misdemeanor domestic assault is a lesser degree of third-degree assault because misdemeanor domestic assault is a lesser degree of a multi-tier statutory scheme dealing with a particular subject.

(vacating second-degree assault conviction because the defendant was also convicted of first-degree assault).

1(1); (holding that second-degree assault is an included offense of first-degree assault on the basis of the same criminal act for purposes of Minn. Stat. § 609.04, despite that proof of the latter does not necessarily prove the former).