CPL 1.20- When it is impossible to commit a particular crime without, at the same time, committing by the same conduct another offense of lesser grade or degree, the latter is what in relation to the former?

CPL 1.20- When it is impossible to commit a particular crime without, at the same time, committing by the same conduct another offense of lesser grade or degree, the latter is what in relation to the former?

• A. A separate offense
• B. A greater offense
• C. A lesser included offense
• D. An allied offense

Answer: (C)

A lesser included offense is a crime whose elements are contained within the elements of a greater offense, such that you cannot commit the greater without also committing the lesser. If it’s impossible to commit a particular crime without at the same time committing an offense of lesser grade, that lesser offense is included within the greater one. So, in this situation, the lesser offense is the related offense that is included in the greater offense. In practical terms, this means the law recognizes that the act could support a conviction for the lesser offense even if the greater offense is charged or proved, because the lesser is encompassed by the greater.

A lesser included offense is a crime whose elements are contained within the elements of a greater offense, such that you cannot commit the greater without also committing the lesser. If it’s impossible to commit a particular crime without at the same time committing an offense of lesser grade, that lesser offense is included within the greater one. So, in this situation, the lesser offense is the related offense that is included in the greater offense.

In practical terms, this means the law recognizes that the act could support a conviction for the lesser offense even if the greater offense is charged or proved, because the lesser is encompassed by the greater.