Lesser-Included Offense
A crime whose elements are entirely contained within those of a greater offense, allowing the jury to convict on the lesser charge instead.
Encyclopedia entry: Lesser-Included Offense
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lesser included offense
In the field of criminal law , a lesser included offense is a less serious crime that is necessarily committed during the perpetration of a greater crime because the lesser crime contains some of the same elements of the greater crime. The greater crime cannot be proven unless all of the elements of the lesser crime are proven. For example, trespassing is a lesser included offense of the crime of burglary . See, e.g. Carter v. United States, 530 U.S. 255 (2000).
[Last reviewed in June of 2023 by the Wex Definitions Team
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.