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Legal Definitions - included offense

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Definition of included offense

An included offense is a term used in criminal law to describe a lesser offense that is included within a more serious offense. For example, if someone is charged with murder, a lesser included offense might be manslaughter.

Other examples of included offenses include:

  • Assault as an included offense of battery
  • Theft as an included offense of robbery
  • Reckless driving as an included offense of DUI

These examples illustrate how a more serious offense can include a lesser offense. For instance, robbery involves theft as well as the use of force or threat of force. Therefore, theft is an included offense of robbery.

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Simple Definition

An included offense is a type of crime that is similar to another crime, but less severe. It is often considered a "lesser included offense" of a more serious crime. For example, shoplifting might be an included offense of robbery. This means that if someone is charged with robbery, they might also be charged with shoplifting as a lesser offense. Other types of offenses include acquisitive offenses, which involve stealing someone else's property, and anticipatory offenses, which involve planning to commit a crime but not actually carrying it out. Some offenses are more serious than others, and the punishment for each offense is determined by law.

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