Is a lesser-included offense included in a criminal indictment?

MultiRegion, United States of America

The following excerpt is from U.S. v. LoRusso, 695 F.2d 45 (2nd Cir. 1982):

3 An uncharged offense is a lesser-included offense if it is composed of fewer than all of the elements of the offense charged, and if all of its elements are elements of the offense charged. United States v. Giampino, 680 F.2d 898, 901 (2d Cir.1982). Because all the elements of a lesser-included offense are by definition comprised within the greater offense, the grand jury in charging the greater has also charged the lesser. The submission, therefore, of the lesser offense is within the scope of the indictment. United States v. Blackwell, 515 F.2d 125 (4th Cir.1975) (per curiam).

Other Questions


When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
What is the effect of a District Court finding that a defendant in a criminal case was not informed of the criminal charges in the indictment and bill of particulars? (MultiRegion, United States of America)
Is there a constructive amendment to an indictment under section 922(g) of the Criminal Code when evidence that the firearm travelled in and affecting commerce supports a crime other than that charged in the indictment? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does the amendment to a criminal indictment make the indictment void as to all charges? (MultiRegion, United States of America)
Can a federal prosecutor indict a state criminal defendant even while the federal criminal proceedings are ongoing? (MultiRegion, United States of America)
What is the test for determining whether a defendant is guilty of a lesser included offence but innocent of the included offense? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.