lesser included offense

lesser included offense
lesser in·clud·ed offense n: a crime (as unlawful entry) that is by definition included in the commission of another crime (as burglary) which has additional elements and greater criminal liability – called also included offense;
◇ A criminal defendant may be convicted of a lesser included offense even if not charged specifically with that crime.

Merriam-Webster’s Dictionary of Law. . 1996.

lesser included offense
n.
A crime that is inherently part of a more serious crime; e.g., assault is an inherent part of the more serious crime of assault and battery, or attempt is an inherent part of any crime that is actually completed.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


lesser included offense
n. A more minor category of criminal act (or one with a lesser penalty), all of the elements of which are included in the more serious crime being charged.

Webster's New World Law Dictionary. . 2000.


lesser included offense
A lesser crime whose elements are encompassed by a greater crime.

Dictionary from West's Encyclopedia of American Law. 2005.


lesser included offense
A lesser crime whose elements are encompassed by a greater crime.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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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… …   Law dictionary

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  • lesser included offense — One which is composed of some, but not all elements of a greater offense and which does not have any element not included in greater offense so that it is impossible to commit greater offense without necessarily committing the lesser offense.… …   Black's law dictionary

  • lesser included offense — One which is composed of some, but not all elements of a greater offense and which does not have any element not included in greater offense so that it is impossible to commit greater offense without necessarily committing the lesser offense.… …   Black's law dictionary

  • lesser included offense — noun a crime the elements of which coincide with the elements of a more serious crime, from which the prosecutor is therefore precluded from separately charging a criminal defendant Example: A robbery is an assault combined with a theft; a person …   Wiktionary

  • included offense — in·clud·ed offense n: lesser included offense permitted...to plead guilty to a logical included offense W. R. LaFave and J. H. Israel Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • necessarily included offense — For a lesser offense to be necessarily included in offense charged, within lesser included offense rule, it must be such that the greater offense cannot be committed without also committing the lesser. Kelly v. U. S., 125 U.S.App.D.C. 205, 370… …   Black's law dictionary

  • necessarily included offense — For a lesser offense to be necessarily included in offense charged, within lesser included offense rule, it must be such that the greater offense cannot be committed without also committing the lesser. Kelly v. U. S., 125 U.S.App.D.C. 205, 370… …   Black's law dictionary

  • included offense — In criminal law, a crime which is part of another crime; e.g. included in every murder is assault and battery. One which is established by proof of the same or less than all of the facts, or a less culpable mental state, or both, than that which… …   Black's law dictionary

  • included offense — In criminal law, a crime which is part of another crime; e.g. included in every murder is assault and battery. One which is established by proof of the same or less than all of the facts, or a less culpable mental state, or both, than that which… …   Black's law dictionary

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