Lesser Included Offense

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If a crime contains a lesser included offense, the lesser one is not counted as a separate crime

In most jurisdictions, lesser included offenses are not allowed to be charged separately since the lesser crime is already included in the larger one. You would be effectively punishing the defendant twice under the same set of facts.

For example, trespassing might be considered a lesser included offense to the crime of arson, if the arsonist went on the victim’s property to commit the crime of arson.

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