Define: Lesser-Included Offence

Lesser-Included Offence
Lesser-Included Offence
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Quick Summary of Lesser-Included Offence

A lesser-included offence is a criminal offence that is contained within a more serious criminal charge. Essentially, it is a crime that is part of a larger crime. For example, manslaughter might be a lesser-included offence of murder. When a defendant is charged with a more serious offence, the prosecution may also pursue a conviction for the lesser-included offence if the evidence supports it. This allows the jury to consider both the greater and lesser charges during deliberations, providing them with options for reaching a verdict.

What is the dictionary definition of Lesser-Included Offence?
Dictionary Definition of Lesser-Included Offence
n. in criminal law, a crime which is proved by the same facts as a more serious crime. Example: Ignatz "Itchy" Fingers is charged with armed robbery, but the prosecution fails to prove Itchy used his pistol since the victims do not recall the gun, but does prove he took the jewels. Thus, he is convicted of larceny, which is a lesser form of theft and he will receive a lighter sentence. A common example is the so-called "wet reckless," which is the crime of driving recklessly after some drinking, but not necessarily while drunk. In plea bargains for first offenders in close cases the driver may plead guilty or "no contest" to this lesser-included offense instead of drunk driving, which carries a more severe penalty, including jail time.
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This glossary post was last updated: 30th April 2024.

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