lesser-included offense


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lesser-included offense

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. (See: plea bargain)

References in periodicals archive ?
If that plea is to a lesser-included offense, that notice will include a re-written specification.
If the State alleges the defendant possessed cannabis, in an amount more than 20 grams, with intent to sell, purchase, deliver, or manufacture the cannabis, there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor lesser-included offense of simple possession.
47) Defendants thus would be labeled as depraved, but there existed a possibility that a jury would consider the depraved indifference murder as a lesser-included offense of intentional murder.
For instance, they can be simultaneously charged with a greater offense and with a lesser-included offense within the legal definition of the greater offense (which often carries a lower burden of proof), and can be convicted of either the individual charge or both charges.
Alaska, (11) the petitioner brought a still-unresolved issue of double jeopardy to the Court, questioning whether the Alaska courts had properly held that a jury deliberating on the greater offense could be precluded from considering the lesser-included offense unless it had unanimously agreed to acquit on the greater charge.
Though I have found no law on this precise point, the closest analogue is most courts' refusal to give lesser-included offense instructions in non-capital cases unless prosecutors have chosen to charge the lesser-included offenses.
In other words, police may question a defendant charged with crime A about crime B so long as one of these is not a lesser-included offense of the other.
The court will determine whether bank larceny is a lesser-included offense of bank robbery, as a matter of law, pursuant to the textual "elements" test adopted by the U.
First, conviction of a lesser-included offense should not always bar a second prosecution for a greater offense.
91) These courts believed that Jeffers concluded that conspiracy is a lesser-included offense of CCE, so punishments for both would violate double jeopardy.
107) Second, a conviction of a lesser-included offense when the greater offense is at issue is considered an implicit acquittal of the greater and bars subsequent prosecution of the greater offense, even if the case is retried after appeal on the lesser offense.
64) In dictum, Summers concluded that third degree CSC is a lesser-included offense of first degree CSC.