Allied Offense Law and Legal Definition

Allied offenses are crimes with elements so similar to those of another that the commission of the one is automatically the commission of the other. There are state specific laws on allied offenses.

For example, Ohio's allied offense statute (ORC Ann. 2941.25), protects against multiple punishments for the same criminal conduct, which could violate the Double Jeopardy Clauses of the United States and Ohio Constitutions.

The relevant law as it appears in the Statute:

ORC Ann. 2941.25 Multiple counts

(A) Where the same conduct by defendant can be construed to constitute two or more allied offenses of similar import, the indictment or information may contain counts for all such offenses, but the defendant may be convicted of only one.

(B) Where the defendant's conduct constitutes two or more offenses of dissimilar import, or where his conduct results in two or more offenses of the same or similar kind committed separately or with a separate animus

If the elements of the crimes 'correspond to such a degree that the commission of one crime will result in the commission of the other, the crimes are allied offenses of similar import.' [State v. Rance, 85 Ohio St. 3d 632, 636 (Ohio 1999)]