REAL LEGAL QUESTION: What all does it take to be convicted of aggravated assault with a deadly weapon ? My boyfriend is being accused of shooting someone in the leg but the victim is in jail for prior charges
REAL ATTORNEY RESPONSE: The short answer is that it takes proof (evidence) that a person assaulted someone with a deadly weapon to be convicted of aggravated assault. A gun is considered a deadly weapon. Assault occurs when a person attempts to commit a violent injury to another person or commits an act that has a person fearful for their safety. It doesn’t matter if the victim is in jail for prior charges. Your boyfriend should obtain counsel because this charge carries a jail sentence of 1 to 20 years if convicted.the State must prove beyond a reasonable doubt that the defendant committed an assault (conduct that causes another to reasonably apprehend immediate injury or conduct with the intent to injure someone) with a deadly weapon or an object that when used offensively is likely to or actually causes serious bodily injury.
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