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Does a weapon need to be found to be convicted of a crime?

Many people incorrectly believe that they cannot be convicted of using a weapon during a crime if the police never locate a weapon connected to the crime. In Indiana, however, it is not necessary to introduce a weapon into evidence at trial in order to prove that a weapon was used in the commission of a crime. A victim’s testimony that he or she saw the defendant use what was believed or even figured to be a weapon is, by itself, sufficient proof of the use of a weapon to sustain a conviction upon an appeal.

Filed to Ask a Lawyer, Criminal Defense

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