Legal Definitions - lesser offense

A lesser offense refers to a criminal charge that shares some, but not all, of the elements of a more serious crime. It typically carries a less severe penalty and can be considered by a jury or judge if they find that the evidence does not fully support the more serious charge, but does prove that a less severe crime was committed. This concept is often applied when a defendant is charged with a major crime, but the prosecution fails to prove every element required for that specific charge, yet successfully proves all elements of a related, less serious crime.

Here are some examples illustrating the concept of a lesser offense:

• Example 1: Homicide Cases

  Imagine a scenario where an individual is charged with murder, which typically requires proof of premeditation or malice aforethought (intent to kill). During the trial, the evidence might show that the defendant caused the death of another person, but did so in the "heat of passion" during a sudden argument, without any prior planning or intent to kill. In this situation, a jury might find the defendant not guilty of murder but guilty of voluntary manslaughter. Voluntary manslaughter is considered a lesser offense because it involves the unlawful killing of another human being, but lacks the element of premeditation or malice aforethought required for murder, thus carrying a less severe punishment.

• Example 2: Theft Crimes

  Consider a person initially charged with robbery, which is defined as taking property from another person by force or threat of force. If the prosecution presents evidence that the defendant took an item from a store without paying, but fails to prove that any force was used or threatened against a person, the jury might instead convict the defendant of shoplifting or petty larceny. These are lesser offenses because they involve the unlawful taking of property but do not include the element of force or threat of force that is central to the crime of robbery.

• Example 3: Assault Charges

  Suppose an individual is accused of aggravated assault, which often requires proof of intent to cause serious bodily injury or the use of a deadly weapon. If the evidence presented at trial shows that the defendant merely pushed another person during an argument, causing them to stumble but not sustaining serious injury, the jury might find the defendant not guilty of aggravated assault. Instead, they could convict the defendant of simple assault. Simple assault is a lesser offense because it involves unlawful physical contact or the threat of it, but without the specific intent to cause serious harm or the use of a weapon that elevates the charge to aggravated assault.