Midland, TX asked in Criminal Law for Texas

Q: Can you be convicted of an Assault with a deadly weapon, if there is no weapon for evidence?

My 17 year old son and a friend were vandalizing another Teenagers car, the teenager caught them and called the police. When the police got there the teenagers girl friend tells the police that my son and the other boy pulled a gun on her. My son was arrested on 2 felony charges. Can they convict him if there was no gun ?

Related Topics:
2 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Can you be convicted of a theft if they do not catch you with the item?

so if the person is able to run away and dump the weapon in a place where the police cannot find it, then they can get away with weapon charges?

I think that answers your question

How about the person gets away and they dont catch him to a year later

Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The short answer is: yes, your son can be convicted of aggravated assault with a deadly weapon even if the police did not find a gun.

Kiele Linroth Pace agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.