{"id":387360,"date":"2025-12-03T11:02:12","date_gmt":"2025-12-03T16:02:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/?page_id=387360"},"modified":"2025-12-03T10:56:21","modified_gmt":"2025-12-03T15:56:21","slug":"what-is-a-lesser-included-offense","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/what-is-a-lesser-included-offense.html","title":{"rendered":"What Is a Lesser Included Offense?"},"content":{"rendered":"\n
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What Is a Lesser Included Offense?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A lesser included offense<\/span> is a crime whose elements are completely contained within a more serious charged offense<\/span>. For example, robbery is a lesser included offense<\/span> of felony murder<\/span> because proving felony murder<\/span> requires proving all the elements of robbery plus an additional element (that someone died). During trial, juries can convict on the greater offense<\/span>, the lesser included offense<\/span>, or neither, but not both for the same act.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Anyone who is a fan of true crime shows or has been involved in criminal law<\/span> has probably heard the term \u201clesser included offenses<\/span>.\u201d Prosecutors use lesser-included offenses<\/span> for plea bargaining<\/span>. During jury deliberations, jurors sometimes have the option of convicting a defendant of a lesser included offense<\/span> instead of the greater offense<\/span>.<\/p>\n

What does this mean, exactly? Well, a lesser offense<\/span> is a completed offense that is part of the charged offense<\/span>. If the greater offense<\/span> contains all of the elements of the lesser crime<\/span>, then the lesser crime<\/span> is a lesser included offense<\/span>.<\/p>\n

Elements of Crimes<\/h2>\n

Proving a crime beyond a reasonable doubt<\/span> requires proving that the defendant committed all the steps necessary for a criminal offense<\/span>. These steps are referred to as the \u201celements\u201d of the offense.<\/p>\n

For example, proving felony murder<\/span><\/a> requires showing that the defendant:<\/p>\n