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