legal-terms double-jeopardy
What is the opposite of &quot;lesser included offence&quot;?
<p>If someone is charged with murder, but acquitted at trial, they can't be later charged with manslaughter, because it's a lesser included offense.</p>
<p>The opposite isn't true, though.</p>
<p>If someone is accused of manslaughter, but acquitted at trial, they can later be charged with murder, because it's a .... what?</p>

<p>It's a &quot;greater offense&quot; -- sometimes also called a &quot;greater included offense.&quot;</p>
<p>But you're generally going to be mistaken about whether the defendant can be re-charged after an acquittal on the lesser-included offense. In the United States, at least, the <a href="https://www.law.cornell.edu/wex/double_jeopardy#:%7E:text=The%20Double%20Jeopardy%20Clause%20in,or%20limb%20.%20.%20.%20.%20%22" rel="nofollow noreferrer">Double Jeopardy Clause</a> would prohibit that prosecutorial strategy. One could still face new charges for the same conduct, but those charges have to pass the <a href="https://law.stackexchange.com/questions/57019/does-the-u-s-fifth-amendment-prevent-one-from-being-tried-again-for-the-same-cr/57026#57026"><em>Blockburger</em> test</a>.</p>
