What does it mean when a crime is classified as an included crime?

When a crime is classified as an included crime, it refers to a lesser offense that falls within the definition of a greater crime. This means that during a legal proceeding, if a defendant is charged with a more serious crime, the jury may also consider the included crime as a possible verdict. For example, if someone is charged with a felony such as robbery, the jury may also find the defendant guilty of a lesser included offense, like theft, if the evidence supports that charge. This classification is important in criminal law because it allows for flexibility in sentencing and acknowledgment of varying degrees of culpability based on the circumstances of the crime.

This concept is distinct from the other options. A charge that is more serious than the primary charge would not be classified as an included crime but rather as a separate, potentially more severe offense. Unrelated offenses do not have a hierarchical relationship, as they do not derive from a primary crime. Lastly, the requirement of proof of intent applies to all crimes to varying degrees, but the definition of included crimes specifically refers to the relationship between lesser and greater crimes rather than the intent needed to establish guilt.