The principle that the higher offense will apply even when a lesser included offense could apply is called which term?

• A. Escalation
• B. Lesser Included Offenses
• C. Concurrent Offense
• D. Mitigation

Answer: (B)

Think of offenses in a hierarchical way: one crime (the greater) contains all the elements of another crime (the lesser). When both could apply, the law allows or requires a conviction on the greater offense, because proving the greater automatically proves the lesser. The term that describes this relationship—where offenses are contained within a greater offense—is lesser included offenses. In practice, the greater offense takes precedence because it subsumes the conduct of the lesser, so you end up with a single conviction on the higher charge.