If the Prosecution is going for 1st degree murder...
And the jury finds the defendant guilty of lesser charges,
Can they penalize for the lesser charges or must they acquit
Based on the Prosecution' original stance?

It can depend on the jurisdiction and how the charges are filed.

Hello S:

Your question makes NO sense... If a defendant is found guilty on lesser charges, he is sentenced for the crime the jury found him guilty of. In SOME jurisdictions, he can't be found guilty on lesser charges.. He must either be convicted on the charge that was brought, or acquitted.

excon

Well, thanks. You answered my question--even though it didn't make sense to you. : )