Lesser included offense

Criminal law

Elements
Actus reus Mens rea Causation Concurrence
Scope of criminal liability
Accessory Accomplice Complicity Corporate Mandated reporter Principal Use of force continuum Vicarious
Severity of offense
Felony (or Indictable offense) Misdemeanor (or Summary offense) Infraction (also called violation)
Inchoate offenses
Attempt Conspiracy Incitement Solicitation
Offense against the person
Assassination Assault Battery Child abuse Concealment of a corpse Criminal negligence Domestic violence False imprisonment Frameup Harassment Street Home invasion Hate crime Human trafficking Impersonator Intimidation Kidnapping Manslaughter (corporate) Mayhem Murder felony Homicide Negligent homicide Reckless homicide Robbery Stalking Stabbing Torture
Sexual offenses
Adultery Bigamy Child sexual abuse Cybersex trafficking Fornication Homosexuality Groping Incest Indecent exposure Masturbation Obscenity Prostitution Rape Pederasty Sex trafficking Sexual assault Sexual harassment Sexual slavery Voyeurism
Crimes against property
Arson Arms trafficking Blackmail Bribery Burglary Cybercrime Embezzlement Extortion False pretenses Forgery Fraud Gambling Intellectual property violation Larceny Looting Payola Pickpocketing Possessing stolen property Robbery Smuggling Parallel import Tax evasion Theft Trespass to land Uttering Vandalism Mischief
Crimes against justice
Against public justice Compounding Contempt Error of impunity Judicial misconduct Justice delayed Malfeasance in office Miscarriage of justice Misprision Perjury Perverting the course of justice Sentencing disparity
Crimes against the public
Apostasy Corruption Censorship violation Dueling Genocide Ethnic cleansing Hostage-taking People smuggling Insider trading Smuggling Illegal consumption (such as drugs, alcohol, and smoking) Miscegenation Piracy Political corruption Regicide Unreported employment Usurpation War crimes
Crimes against animals
Cruelty to animals Poaching Wildlife smuggling Bestiality
Crimes against the state
Lèse-majesté Treason Espionage Secession Sedition Subversion
Defenses to liability
Actual innocence Automatism Consent Defense of property Diminished responsibility Duress Entrapment Ignorantia juris non excusat Infancy Insanity Intoxication Justification Might makes right Mistake (of law) Necessity Possession is nine-tenths of the law Provocation Sanctuary Self-defense Statute of limitations
Other common-law areas
Contracts Defenses Evidence Property Torts Wills, trusts and estates
Portals
Law

In criminal law, a lesser included offense 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 of permanently depriving the owner of that property. Robbery, under the common law, requires all of the same elements and also 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 larcenous act as part of the crime. Assault is also a lesser included offense of robbery, just as false imprisonment is usually a lesser included offense of kidnapping. However, an offense will not be a lesser included offense if it carries a maximum penalty greater than that carried by the charged offense.