What is a “lesser included offense?
If an offense is a “lesser offense” of another it carries less serious penalties. For instance, since the penalties for second degree murder are less severe than the penalties for first degree murder, second degree murder is a “lesser offense” of first degree murder. If a lesser offense is also included in the greater offense, the lesser offense is said to be a “lesser included offense.” Each criminal offense contains elements which must be proven beyond a reasonable doubt to sustain a conviction. If the elements of the greater offense necessarily include the elements of the lesser offense the lesser offense is a “lesser included offense.” For instance, in Colorado a person commits murder in the first degree if “after deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person.” The elements of the offense are 1) deliberation, 2) intent to cause the death of another person and 3) causing the death of anothe
