in criminal law, a crime which is proved by the same facts as a more serious crime.
Example Ignatz "Itchy" Fingers is charged with armed robbery, but the prosecution
fails to prove Itchy used his pistol since the victims do not recall the gun, but
does prove he took the jewels. Thus, he is convicted of larceny, which is a lesser
form of theft and he will receive a lighter sentence. A common example is the so-called
"wet reckless," which is the crime of driving recklessly after some drinking, but
not necessarily while drunk. In plea bargains for first offenders in close cases
the driver may plead guilty or "no contest" to this lesser-included offense instead
of drunk driving, which carries a more severe penalty, including jail time.
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