A lesser-included offense in criminal law refers to a violation of a less serious nature but containing the elements of a serious crime. The word is also used to describe the state of affairs where it is impossible to commit a more serious offense without also committing a less serious one (Maloney, 2014). Courts follow laid-down procedures to determine if an offense is the lesser included offense of some other nature. Instead of looking at facts in the evidence or the charging document, the court will focus solely on the definition of each offense. Only if the second crime is indeed a lower-included offense of the very first will a crime be deemed a lesser included offense of the first.
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