Legal Question in Criminal Law in California

A man is arrested for attempted murder. The victim that he shot had to go to court and testify but he said he doesn't recall who the shooter is, he basically doesn't remember. There was witnesses who were at the shooting, but the victim that got shot is not testifying against the shooter. What will happen the the suspect now? Can he still be convicted of attempted murder?

Asked on 3/08/13, 8:26 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Yes. The victim's testimony is not legally required. If it was, no one could ever be convicted of murder.

Victims often either can't identify their attacker or pretend that they can't because they fear retribution. If there is enough other evidence, the defendant can still be convicted.

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Answered on 3/09/13, 12:25 pm
Terry A. Nelson Nelson & Lawless

Of course, if the witnesses ID him.

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Answered on 3/09/13, 3:33 pm
Anthony Roach Law Office of Anthony A. Roach

Could be a ballistics match also. That case depends on what other evidence is offered to prove the case.

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Answered on 3/11/13, 12:34 pm

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