Can a person be charged with aggravated assualt if the only evidence is hear say and the weapon was never recovered only damage was a broken window

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a person be charged with aggravated assualt if the only evidence is hear say and the weapon was never recovered only damage was a broken window

Asked on July 3, 2009 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

A person can be charged but the question is, can they be convicted?  In fact, after an investigation, if the facts don't look to support a conviction, the DA will most probably decline to prosecute and drop the charges.

However, without more facts it's hard to say.  For instance, exactly what you mean by "hearsay"?  Don't minimize witness testimony, it can be very persuasive.  Additionally,  other evidence might also be uncovered.

If there is any chance that you did something wrong here you should consult with an attorney ASAP. 

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

A witness's testimony isn't hearsay if it's given in court, under oath and subject to cross-examination.  And there are plenty of people in jail right now who were convicted on a witness's testimony and some circumstantial evidence.

Aggravated assault is a serious crime, usually punishable by several years in prison.  If this is the charge you're facing, you should really have a lawyer defending you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption