Code of Alabama
Ala. Code § 13A-1-9 (2026)
Lesser Included Offenses.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if:
(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or
(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or
(3) It is specifically designated by statute as a lesser degree of the offense charged; or
(4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.
(b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.
(Acts 1977, No. 607, p. 812, §126.)
Notes of Decisions
Cited in 144
cases (11 in the last 5 years), 1981–2026 · leading case: Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002).
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “" *468 A lesser-included offense is defined by § 13A-1-9, as follows: "(a) A defendant may be convicted of an offense included in an offense charged.”
Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992). “He may not, however, be convicted of more than one offense if: "(1) One offense is included in the other, as defined in section § 13A-1-9...." Clearly, under § 13A-1-9, murder is included in the capital offense of murder-burglary.”
Ex Parte Jordan, 486 So. 2d 485 (Ala. 1986). “For vehicular homicide to be classified as a lesser included offense of murder, the offense must meet the definitional requirements of Code 1975, § 13A-1-9, which states, in pertinent part: "(a) A defendant may be convicted of an offense included in an offense charged.”
Ex Parte Long, 600 So. 2d 982 (Ala. 1992). “We find this application of § 13A-1-9 to these statutes and facts erroneous.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “Section 13A-1-9, Code of Alabama 1975, states that an offense is a lesser included offense of another if: "(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or "(2) It consists of an attempt or…”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “' "Neither reckless assault in the second degree as provided for by § 13A-6-21(a)(3) nor reckless assault in the third degree as provided for by § 13A-6-22(a)(2), is a lesser included offense of the robbery in the first degree alternative of § 13A-8-41(a)[(1)], as the term…”
Ex Parte Kennedy, 472 So. 2d 1106 (Ala. 1985). “Lesser included offenses shall be defined as provided in section 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in section 13A-6-2(a), and the accompanying other felony, if any, in the provision of section…”
Apicella v. State, 809 So. 2d 841 (Ala. Crim. App. 2000). “Lesser included offenses shall be defined as provided in § 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in § 13A-6-2(a), and the accompanying other felony, if any, in the provision of § 13A-5-40(a) upon…”
Hutcherson v. State, 243 So. 3d 855 (Ala. Crim. App. 2017). “This is so because the Supreme Court in Ex parte Cole did not cite to, nor expressly recognize, the legislature's definition of a lesser-included offense found in § 13A-1-9, Ala. Code 1975. As then Judge Shaw 6 explained in his special concurrence in Underwood v.”
Ingram v. State, 779 So. 2d 1225 (Ala. Crim. App. 1999). “We note that the record shows that before Ingram was indicted, he had entered into a written agreement with the state whereby he agreed to cooperate with the state by giving a true statement of what happened and by testifying against his codefendants.”
Ex Parte Edwards, 816 So. 2d 98 (Ala. 2001). “An offense is an included one if: "(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or "(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included…”
State v. Burns, 6 S.W.3d 453 (Tenn. 1999). “, Ala.Code § 13A-1-9 (1994); Ark. Code Ann.”
— Ala. Code § 13A-1-9(2) — 1 case
Ex Parte Walls, 711 So. 2d 490 (Ala. 1997).
— Ala. Code § 13A-1-9(4) — 1 case
Ex Parte Jordan, 486 So. 2d 485 (Ala. 1986). “For vehicular homicide to be classified as a lesser included offense of murder, the offense must meet the definitional requirements of Code 1975, § 13A-1-9, which states, in pertinent part: "(a) A defendant may be convicted of an offense included in an offense charged.”
— Ala. Code § 13A-1-9(a) — 17 cases
Ex Parte Long, 600 So. 2d 982 (Ala. 1992). “We find this application of § 13A-1-9 to these statutes and facts erroneous.”
Ex Parte Kennedy, 472 So. 2d 1106 (Ala. 1985). “Lesser included offenses shall be defined as provided in section 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in section 13A-6-2(a), and the accompanying other felony, if any, in the provision of section…”
Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992). “He may not, however, be convicted of more than one offense if: "(1) One offense is included in the other, as defined in section § 13A-1-9...." Clearly, under § 13A-1-9, murder is included in the capital offense of murder-burglary.”
Broadnax v. State, 825 So. 2d 134 (Ala. Crim. App. 2000).
Kennedy v. State, 472 So. 2d 1092 (Ala. Crim. App. 1984).
— Ala. Code § 13A-1-9(a)(1) — 24 cases
Pardue v. State, 571 So. 2d 320 (Ala. Crim. App. 1989).
Ex Parte Long, 600 So. 2d 982 (Ala. 1992). “We find this application of § 13A-1-9 to these statutes and facts erroneous.”
Apicella v. State, 809 So. 2d 841 (Ala. Crim. App. 2000). “Lesser included offenses shall be defined as provided in § 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in § 13A-6-2(a), and the accompanying other felony, if any, in the provision of § 13A-5-40(a) upon…”
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “" *468 A lesser-included offense is defined by § 13A-1-9, as follows: "(a) A defendant may be convicted of an offense included in an offense charged.”
Ex Parte Edwards, 816 So. 2d 98 (Ala. 2001). “An offense is an included one if: "(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or "(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included…”
— Ala. Code § 13A-1-9(a)(2) — 7 cases
People v. Fontenot, 447 P.3d 252 (Cal. 2019).
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “" *468 A lesser-included offense is defined by § 13A-1-9, as follows: "(a) A defendant may be convicted of an offense included in an offense charged.”
Pack v. State, 461 So. 2d 910 (Ala. Crim. App. 1984).
J.F.C. v. City of Daphne, 844 So. 2d 608 (Ala. Crim. App. 2002).
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “' "Neither reckless assault in the second degree as provided for by § 13A-6-21(a)(3) nor reckless assault in the third degree as provided for by § 13A-6-22(a)(2), is a lesser included offense of the robbery in the first degree alternative of § 13A-8-41(a)[(1)], as the term…”
— Ala. Code § 13A-1-9(a)(3) — 7 cases
Hutcherson v. State, 243 So. 3d 855 (Ala. Crim. App. 2017). “This is so because the Supreme Court in Ex parte Cole did not cite to, nor expressly recognize, the legislature's definition of a lesser-included offense found in § 13A-1-9, Ala. Code 1975. As then Judge Shaw 6 explained in his special concurrence in Underwood v.”
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “" *468 A lesser-included offense is defined by § 13A-1-9, as follows: "(a) A defendant may be convicted of an offense included in an offense charged.”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “' "Neither reckless assault in the second degree as provided for by § 13A-6-21(a)(3) nor reckless assault in the third degree as provided for by § 13A-6-22(a)(2), is a lesser included offense of the robbery in the first degree alternative of § 13A-8-41(a)[(1)], as the term…”
Apicella v. State, 809 So. 2d 841 (Ala. Crim. App. 2000). “Lesser included offenses shall be defined as provided in § 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in § 13A-6-2(a), and the accompanying other felony, if any, in the provision of § 13A-5-40(a) upon…”
Underwood v. State, 977 So. 2d 531 (Ala. Crim. App. 2007).
— Ala. Code § 13A-1-9(a)(4) — 7 cases
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “Section 13A-1-9, Code of Alabama 1975, states that an offense is a lesser included offense of another if: "(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or "(2) It consists of an attempt or…”
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “" *468 A lesser-included offense is defined by § 13A-1-9, as follows: "(a) A defendant may be convicted of an offense included in an offense charged.”
Ex Parte Edwards, 816 So. 2d 98 (Ala. 2001). “An offense is an included one if: "(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or "(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included…”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “' "Neither reckless assault in the second degree as provided for by § 13A-6-21(a)(3) nor reckless assault in the third degree as provided for by § 13A-6-22(a)(2), is a lesser included offense of the robbery in the first degree alternative of § 13A-8-41(a)[(1)], as the term…”
Ex Parte Long, 600 So. 2d 982 (Ala. 1992). “We find this application of § 13A-1-9 to these statutes and facts erroneous.”
— Ala. Code § 13A-1-9(a)(l) — 1 case
C.P. v. State, 597 So. 2d 246 (Ala. Crim. App. 1992).
— Ala. Code § 13A-1-9(b) — 59 cases
Ex Parte Kennedy, 472 So. 2d 1106 (Ala. 1985). “Lesser included offenses shall be defined as provided in section 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in section 13A-6-2(a), and the accompanying other felony, if any, in the provision of section…”
Taylor v. State, 666 So. 2d 36 (Ala. Crim. App. 1994).
Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992). “He may not, however, be convicted of more than one offense if: "(1) One offense is included in the other, as defined in section § 13A-1-9...." Clearly, under § 13A-1-9, murder is included in the capital offense of murder-burglary.”
Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996).
Lee v. State, 898 So. 2d 790 (Ala. Crim. App. 2003).
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