Lesser included offense

Robbery, under the common law, requires all of the same elements and also the use of force or intimidation to accomplish the taking.

In the case of traffic offenses, serious misconduct while operating a motor vehicle can result in a charge of reckless driving, which can be punishable (as a misdemeanor) by imprisonment, a fine, or both.

In others the charge may be substituted with one of driving without due care and attention or similar, which may be accepted in a plea bargain or may likewise be found by the court.

In criminal jury trials, the court is permitted (but not required) to instruct jurors that they can find the defendant guilty of the most serious crime charged, or of a lesser included offense of that crime (in English law, this is termed an alternative verdict).

In murder cases, however, where a convicted defendant may face capital punishment, the United States Supreme Court has held that the court must instruct the jury that they may find the defendant guilty of a lesser included offense such as voluntary manslaughter.