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Can a person be charged with attempted murder if he shoots another individual in the leg?

Montgomery, AL |

Person was charged with attempted murder but no weapon found.

Attorney Answers 4


Yes. If the person has a bullet hole in his leg, the weapon does not have to be found. Even if shot in leg, attempted murder charges can be filed.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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While the absence of the gun used is a slight problem for the prosecution, it is hardly a bar.

Was someone shot? Clearly.

Is there evidence (witness or victim statements, photos, GSR on def's hands) that the alleged shooter actually fired at the victim? If so, a charge of attempted murder can be brought.

Assuming this is not a mere hypothetical, the defendant will need a criminal defense attorney. One will be appointed if s/he is found indigent.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

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Some witness say that they suspect did shoot but video shows different.


Yes. Proving it is another issue. An accusation does not equal a conviction

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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A person can be charged with attempted murder by shooting even if he/she does not hit the intended victim or anyone else. The focus is on the act attempted. A lesser-included offense may be assault in the first degree. There may be certain defenses that apply.

No representation is made that the legal services provided are great than legal services provided by other lawyers. This answer does NOT create an attorney-client relationship, nor does it create an ongoing duty to respond to further inquiries.

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