Ah, mkay. My understanding was usually that the DA could file the one charge, then the jury could reduce it if they find it meets a lesser crime. But if the prosecution can file every level of charges, why wouldn’t they do that for every case just in case they do lose the big murder charges? Auto-try for every charge rolling down until they get one the jury accepts..
Some courts automatically consider LIOs based on the evidence. Others want it in the charging document. A prosecutor that specifies all of the LIOs is ensuring that they will be considered.