lesser-included offense

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)