What is a "Lesser Included Offense"
in New York?
To break it down into simple terms, every crime in New York has pieces that must be proven. Each piece is called an "element" of the crime. The Prosecutor has the burden to prove beyond a reasonable doubt that each element is present for somebody to be convicted of a crime in NY.
Some crimes are more serious than others. New York has a wide range of criminal offenses and as crimes become more serious--there are usually more elements to prove.
A "lesser included offense" is the same type of crime --but usually one or two grades less serious. It has all but one or two of the same elements as the larger more serious crime.
If you think of a crime as a shoebox --you could fit the lesser included offense inside it.
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DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.
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