In
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
, 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
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, 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
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
. However, an offense will not be a lesser included offense if it carries a maximum penalty greater than that carried by the charged offense.
In the case of traffic offenses, serious misconduct while operating a motor vehicle can result in a charge of
reckless driving
In United States law, reckless driving is a major moving traffic violation that generally consists in driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless ...
, which can be punishable (as a
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
) by imprisonment, a fine, or both. However, if the person charged proves to the court that the actions were not seri