(1) Every count shall be deemed divisible.
(2) If the commission of the offence charged, as described in the enactment creating the offence or as charged in the count, includes the commission of any other offence, the accused person may be convicted of any offence so included which is proved, although the whole offence charged is not proved, or he or she may be convicted of an attempt to commit any offence so included.
(3) Except as otherwise provided, upon an indictment charging a person with an offence committed with circumstances of aggravation, he or she may be convicted of any offence which is established by the evidence and which is constituted by an act or omission, which is an element of the offence charged, with or without any of the circumstances of aggravation charged in the indictment.