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Simple English definitions for legal terms
lesser included offense
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A quick definition of lesser included offense:
Term: Lesser Included Offense
Definition: A smaller crime that is committed during the commission of a larger crime because it contains some of the same elements as the larger crime. The larger crime cannot be proven unless all of the elements of the smaller crime are proven. For example, trespassing is a lesser included offense of burglary.
A more thorough explanation:
Lesser included offense
A lesser included offense is a crime that is less serious than the main crime and is committed during the commission of the main crime. The lesser crime has some of the same elements as the main crime. To prove the main crime, all the elements of the lesser crime must be proven. For example, trespassing is a lesser included offense of burglary.
Assault is a lesser included offense of murder. If someone is charged with murder, the prosecutor must prove that the defendant intended to kill the victim. If the prosecutor cannot prove intent, the defendant may still be convicted of assault, which is a lesser included offense of murder.
Another example is theft, which is a lesser included offense of robbery. Robbery is a crime that involves taking something from someone by force or threat. If the prosecutor cannot prove that the defendant used force or threat, the defendant may still be convicted of theft, which is a lesser included offense of robbery.
The examples illustrate that a lesser included offense is a crime that is less serious than the main crime and has some of the same elements as the main crime. To prove the main crime, all the elements of the lesser crime must be proven. If the prosecutor cannot prove all the elements of the main crime, the defendant may still be convicted of the lesser included offense.