Legal Definitions - included offense

An included offense (often referred to as a lesser included offense) is a crime that is a component of a more serious crime. This means that all the legal elements required to prove the lesser offense are also necessary elements to prove the greater offense. If a person commits the more serious crime, they automatically commit the included offense as well. For instance, if someone is accused of a major crime, the jury might be given the option to convict them of a lesser included offense if they find that not all elements of the major crime were proven, but all elements of the lesser crime were.

• Example 1: Robbery and Theft

  Imagine a situation where a person, Alex, grabs a purse from someone's hand and runs away. Alex is charged with robbery, which typically involves taking property from another person by force or threat of force. However, the prosecution might also present theft as an included offense. Theft involves unlawfully taking property belonging to another with the intent to permanently deprive the owner of it.

  How it illustrates the term: To commit robbery, Alex must first commit theft. The act of taking the purse with the intent to keep it (theft) is an essential part of the crime of robbery. The additional element that makes it robbery is the use of force (grabbing the purse directly from the victim). If the jury believes Alex took the purse but without sufficient force to meet the legal definition of robbery, they could still find Alex guilty of the lesser included offense of theft.

• Example 2: Aggravated Assault and Simple Assault

  Consider a scenario where Ben gets into a fight and hits another person, causing a broken nose. Ben is charged with aggravated assault, which might involve assault with the intent to cause serious bodily injury or using a deadly weapon. The included offense here would be simple assault, which involves intentionally causing bodily injury or placing another in reasonable apprehension of immediate bodily injury.

  How it illustrates the term: For Ben to commit aggravated assault, he must first commit the basic act of simple assault. The elements of intentionally causing injury are present in both. Aggravated assault adds further elements, such as the severity of the injury intended or the circumstances of the assault. If the prosecution fails to prove that Ben intended to cause "serious" bodily injury, the jury could still convict him of simple assault if the basic elements of assault (causing bodily injury) are proven.

• Example 3: Burglary and Criminal Trespassing

  Suppose Clara breaks into an unoccupied house through a window. She is charged with burglary, which typically requires unlawfully entering a building with the intent to commit a crime inside (e.g., theft). An included offense could be criminal trespassing, which involves unlawfully entering or remaining on someone else's property without permission.

  How it illustrates the term: To commit burglary, Clara must first unlawfully enter the house, which is the core act of criminal trespassing. The additional element that elevates trespassing to burglary is the intent to commit another crime (like stealing items) once inside. If Clara is accused of burglary, but the prosecution cannot prove that she intended to commit a crime after entering (perhaps she just wanted shelter), the jury might still find her guilty of the lesser included offense of criminal trespassing because the unlawful entry itself is a complete crime.