Reckless Driving as Lesser Included Offense of Aggravated Assault In criminal law, a lesser included offense is a crime for which all of the elements (essential parts) necessary for a conviction are also elements found in a more serious crime. In Texas, usually you can determine a “lesser included” by listing all of the elements of one offense and seeing if other crimes can be created by the removal of any of those elements. In limited circumstances, you must look beyond the statute to determine whether a crime has a lesser-included offense. Specifically, when the prosecution pleads (by information or indictment) allegations more specific than the bare statutory elements. This is how Reckless Driving may be a lesser-included offense of