Legal Definitions - lesser crime

A lesser crime, also known as a lesser included offense, refers to a criminal act that is inherently part of a more serious crime. This means that to commit the greater crime, one must necessarily commit all the elements of the lesser crime. For instance, if a person commits a serious offense, they have, by definition, also committed the less serious offense that is contained within it.

Legal systems generally prevent a person from being convicted of both the greater and lesser crime for the same action, to avoid unfair double punishment. However, a jury might be instructed to consider a lesser crime if they are not fully convinced that the defendant is guilty of the more serious charge. Prosecutors often use lesser crimes strategically, either to offer a reduced charge in a plea bargain to encourage a guilty plea, or to increase the likelihood of securing a conviction at trial by pursuing a less severe charge rather than risking an acquittal on the greater offense.

• Example 1: Robbery and Theft

  Imagine a scenario where an individual forcibly takes a wallet from another person's pocket. The more serious charge might be robbery, which typically involves taking property by force or threat. In this situation, the act of taking the wallet without permission (theft) is an essential part of the robbery. If the prosecution cannot definitively prove the "force" element required for robbery, the jury could still find the individual guilty of the lesser crime of theft, as the act of unlawfully taking property is undeniable.

• Example 2: Aggravated Assault and Simple Assault

  Consider a situation where an individual attacks another person with a dangerous weapon, causing significant injury. The initial charge might be aggravated assault due to the use of a weapon and the severity of the harm. Simple assault, which involves intentionally causing bodily injury or placing someone in fear of it, is a foundational element of aggravated assault. If the jury is not convinced that the object used was a "dangerous weapon" or that the injury met the threshold for "aggravated," they could still convict the person of simple assault, as the act of intentionally causing harm is still present.

• Example 3: Burglary and Trespassing

  Suppose someone breaks into an empty warehouse late at night. The police apprehend them inside, but there's no clear evidence they intended to steal anything or commit another crime once inside. The initial charge might be burglary, which requires entering a building with the intent to commit a crime. Trespassing, which is simply entering or remaining on property without permission, is a lesser crime included within burglary. If the prosecution cannot prove the specific intent to commit a crime inside the warehouse (a key element for burglary), the individual could still be found guilty of trespassing, as their unauthorized entry is undisputed.