What all does it take to be convicted of aggravated assault w/a draco ?

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

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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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LEGAL DISCLAIMER: No attorney-client relationship is established on the basis of any information provided by Tiffany Simmons (Simmons Law). To establish such a relationship, a written fee agreement must first be executed by the attorney and the reader. The responses given by Tiffany Simmons are in no way intended to be actual legal advice, and they should not be interpreted as such.

 

 

 

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