- lesser-included offense
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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 also: plea bargain
Law dictionary. EdwART. 2013.
lesser-included offense
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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… … Law dictionary
Lesser included offense — Criminal law Part o … Wikipedia
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
