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)

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He argued that the jury should have been permitted to consider whether the killings arose from "sudden passion," possibly allowing jurors to convict him of the lesser-included offense of voluntary manslaughter.

State Supreme Court waits on judicially imposed death sentence

Bouma for felony theft, when she was not charged with felony theft and felony theft was not a lesser-included offense of any crime with which she was charged?

LAURA BOUMA v. STATE OF MARYLAND

"The intentional form of ABDW which requires 'the intentional and unjustified use of force upon the person of another, no matter how slight' 'constitutes a crime of violence under 4B1.2(a)(1) of the [Sentencing Guidelines]' because ADW is a lesser-included offense of this form of ABDW and ADW is, itself, a violent felony.

Habeas corpus - ACCA - Sentencing enhancement

Lesser-Included Offense Instruction; Obstruction of Justice Enhancement

8th U.S. Circuit Court of Appeals Digest: Jan. 3

A defendant convicted of second-degree child abuse was not entitled to reversal of the lower court judgment despite his arguments that a medical doctor's testimony was improperly admitted and that the trial judge failed to consider a lesser-included offense, the Rhode Island Supreme Court has ruled.

State Supreme Court upholds child abuse conviction

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.

Amendments to criminal jury instructions

Faustmann argues the circuit court erred by: (1) denying his request to include disorderly conduct as a lesser-included offense of unlawful use of computerized communication systems and (2) allowing acts that were charged in another jurisdiction, but not yet adjudicated, to be introduced as other-acts evidence.

Court Error Lesser Incldued Offense

Also, if that condition is an element, then the Commonwealth will be startled to learn that the offense of voluntary manslaughter can no longer fill its centuries-long role as a lesser-included offense of murder under the Blockburger test.

Evidence sufficient for voluntary manslaughter

Today, the lesser-included offense doctrine is set forth in the Federal Rules of Criminal Procedure.

"CHARGING BY AMBUSH": AN ANALYSIS OF THE LESSER INCLUDED OFFENSE DOCTRINE IN STATE V. MCCAHREN

(35) "[W]e are convinced that the creation of a lesser-included offense not requiring specific intent flies in the face of the preemption doctrine." (36) Counsel should carefully inspect charges for mental states that vary from those listed in the MCM or used at common law.

Offense Occupied: Article 134's Preemption Doctrine

However, because the jury necessarily found all of the elements of the lesser-included offense of attempted voluntary manslaughter, we remand for sentencing and entry of judgment for attempted voluntary manslaughter.

Criminal Practice-Indictment Defect - Lesser Included Offense - Constitutional - Attorneys - Ineffective Assistance Claim

Even in those ten, in seven cases the jury opted to convict of the lesser-included offense of manslaughter.