Maybe I can explain this.
Lesser charges inherently have the some, but not all, of the same elements of a superior, more aggregious crime. Elements of a crime are the requirements needed to prove that specific crime...it's kinda like following a recipe, you have to have all the ingredients or else you don't have the dish.
For instance, First Degree murder ususually requires an intentional killing plus premeditattin or a plan, to do it ahead of time. The reason it's the worst kind of murder is because you planned it, and even if you were mad, because you had time to plan it, you also had time to cool off. The plan is usually proven by showing that the guy went and purchased a rope to tie the victim up, some tape and a gun or things of this nature.
On the other hand, second degree murder is an intentional kiling without a previously thought out plan....such as killing the dude you find your wife in bed with.
Here is how a state might charge a guy for killing a dude sleeping with his wife with first degree murder. Lets say he suspected her of fooling around. He tells her that if he ever catches her with anyone he will kill the dude. He then goes out and buys a gun after he suspects her cheating. He repeatedly tells her he knows she is cheating and she is going to get her "new man" killed if she does not stop. He comes home to find them in the bedroom and kills the dude. Now, did he plan on killing the guy, or was it in the heat of passion.
The state could potentially (but probably woudn't) charge first degree murder. If they did decide to charge First degree murder because of the comments made and the potential for premeditatin, they will have to prove he had a plan and took some actions in furtherance of the plan. At trial the state has to prove the premeditation, if they fail to do so, we still have a murder, just without premeditatio and in that event the defendent would be guilty of the lesser offense of second degree murder be found guility of the lesser offense of second degree murder - intentionally killing someone, but without premeditation.
States cannot go back at a later date and try a person for a lesser charge. They have to charge their case at one trial. A judge can instruct a jury that they can find a person guilty of a lesser charge if they don't believe the charge brought by the state has been proven.
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