Yes and frankly no, in a perfect world criminals would be convicted of exactly the right crime. Sometime law enforcement has a criminal and they try to find a crime that will end in conviction and prison time.

It's not like the movies or TV where the guilty are wrapped up in an hour. The worst criminal situation I was ever in was for a crime I did not commit. Bad lawyer, bad advice and I ended up really close to doing time for a traffic ticket. Not DWI a left turn through a yellow light. Basically I was young and poor.