Lesser-included offense

Definition

A crime whose elements are all contained within a more serious crime, such that you cannot commit the greater offense without also committing the lesser one. When one offense is a lesser-included offense of another, they are considered the 'same offense' under the Blockburger test.

Examples

• •Possessing a gun during a crime of violence under § 924(c)(1)(A) is a lesser-included offense of killing someone during a § 924(c) violation under § 924(j), because every gun killing necessarily involves gun possession.

Related Terms