Lesser Included Offense

Also known as: Included Crime

In one sentence

A less serious crime that is necessarily part of proving a more serious charge.

Plain English

A lesser included offense is a smaller crime that is built into a bigger crime. For example, battery is a lesser included offense of assault, because to prove assault you often have to prove battery occurred. If a defendant is charged with the more serious crime but the evidence doesn't support it, they can still be convicted of the lesser offense. This protects defendants from being acquitted entirely when the evidence shows they committed a less serious version of the crime.

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Example

A defendant is charged with robbery, but at trial the evidence shows he took property but didn't use force or threats. The jury can convict him of the lesser included offense of larceny instead.

Used in a sentence

“The judge instructed the jury that they could find the defendant guilty of the lesser included offense of simple assault if they didn't believe the evidence supported aggravated assault.”

Related terms

acquittal

A court decision that a defendant is not guilty of the charges.

Jury

A group of citizens sworn to hear evidence and decide whether a defendant is guilty or liable.

Arraignment

A defendant's first court appearance to hear charges and enter a plea.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

Expungement

A legal process that erases or seals a criminal conviction from your record.

Felony

A serious crime punishable by more than one year in prison or death.

Misdemeanor

A less serious crime punishable by up to one year in jail and/or fines.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.