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

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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 11 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 11 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.


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