Lesser Included Offense Law & Legal Definition

A lesser included offense is a crime which is proved by the same facts as a more serious crime. For example, a prosecutor may charge a person with armed robbery and if he fails to prove all the elements needed to convict the criminal on the armed robbery charge, the criminal may still be convicted on a lesser included offense of larceny, a less serious theft offense. A plea bargain will often give the accused the option of pleading guilty or no contest to a lesser included offense rather than face trial and possibly be convicted on a greater offense.

The following is an example of a state statute governing lesser included offense:

"An offense is an included one if:

1. It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or
2. It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or
3. It is specifically designated by statute as a lesser degree of the offense charged; or
4. It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.

(b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense."