Lesser Included Offense

A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of traffic offenses.

For example, the common law crime of larceny requires the taking and carrying away of tangible property from another person, with the intent to permanently deprive the owner of that property. Robbery, under the common law, requires all of the same elements, plus the use of force or intimidation to accomplish the taking. Therefore, larceny is a lesser included offense in the offense of robbery, as every robbery includes a larceny as part of the crime. Assault is also a lesser included offense of robbery, just as battery is necessarily a lesser included offense to murder, and false imprisonment is usually a lesser included offense to kidnapping.

In the case of traffic offenses, serious misconduct while operating a motor vehicle can result in a charge of reckless driving, which could, in egregious cases, be punishable as a misdemeanor punishable by imprisonment as well as a potential fine. However, if the person charged proves to the court their actions were not as serious to constitute recklessness, may in some jurisdictions qualify as the lesser-included offense of improper driving, which is not a crime and is only punishable by a fine.