how much time can you do for assualt with a deadly weapon (a gun) if gun not found on you when arrested?

Answer 1

If the charge can be proved, the weapon isn't needed. The amount of time you get would be the same whether or not the weapon is on you.

Answer 2

Wow Billy D was obviously never a cop or a prosecutor...
There doesn't have to be a weapon found for the charge to stick. You only have to convince a judge or jury that one was used. A good description can suffice, although the gun is always nicer.
As for defining assault: placing someone in fear of unwanted touching, or physical harm, doesn't have to be contact with you.
A lot of states tack on 5 years for using a gun and here's the wildest part, a fake gun that someone believed was a real gun can still get ya 5 more years at Bubba and Ramon's Fun House.
So, in addition to the usual sentence which can be anything from probation to prison time, your bringing a gun into the equation was a huge mistake. There is no mandatory minimum for using a knife, or whatever like there is with a gun (although bombs are another matter entirely).
State laws vary, some have a sentencing grid where any priors you have are also figured in, so a clean record is a big plus when you get sentenced for this big minus.

Answer 3

Depends. Assault with a deadly weapon is a 1st degree felony. It all depends on the amount of shots fired, if you hit the person (bumped up to attempted murder), the vicinity of the incident, etc, and your criminal record. You could be looking at either 5 years to 15 years, depending on the circumstances and the state you live in. You also have to contend with other charges as well, which include, but are not limited to, illegal possesion of a weapon, reckless endangerment, simple assault, violation of any applicable gun laws (in some cities/towns, it is illegal to have a firearm in your possesion outside of you home), illegal concealment of a handgun, carrying an illegal (unregistered) firearm, among many others. You didn't say if they recovered the weapon. If not, and remind you I am NOT a lawyer, they only have circumstamtial evidence based upon probable cause. If you are found guilty though, you could be looking at up to 15 years, hefty fines, probation (costs even more money), court costs, restitution and the like. Discuss it with you lawyer.

Answer 4

That is a contradictory question. If a gun is not found on you then you can't be arrested for assault with a deadly weapon. If you were arrested for that crime, which is known as aggravated assault in some states, it would be a felony which is punishable by no less than one year and one day in a state prison, and I believe no more than five years, but I think that depends on the individual state.

Also, assault is verbal not physical, that is considered battery. If you shot someone with a gun, then you're looking at attempted murder which is a higher degree felony. Point being; don't assault anyone with a gun.

Answer 5

Depending on the state you are arrested in, you can do as much time as the prosecutor want to give you. Law enforcement is a dirty political bizz and there are no ground rule that the man follows especially if you are from a ethnic background.

Answer 6

I don't need the gun to put you away. I just need someone to testify that you had the gun. It will not make a difference in the outcome.

Answer 7

as much time as if the gun is found on you.....you have a witness and a jury will determine the credibility.....shame on you for being in this predicament!

Answer 8

You are going to pay, one way or the other! God bless, clean up and be employable! Take care!

Answer 9

it is up to the judge to make that decision.