Tampa Bay Buccaneer cornerback Aqib Talib was indicted on Friday for Aggravated Assault with a Deadly Weapon. The allegations arise out of a March 21, 2011 incident in which police claim that Talib and Talib"s mother fired a gun at his sister"s boyfriend. If convicted, Talib faces a sentence of up to five (5) to twenty (20) years in prison.
In Nevada, this offense would be considered either Attempted Murder with Use of a Deadly Weapon or Assault with use of a Deadly Weapon. The primary difference between the two charges is whether the accused had the intent to kill at the time he fired the weapon. Assault with a Deadly Weapon is punishable by up to six (6) years in prison. Attempted Murder is punishable by up to forty (40) years in prison.
Indictments, such as the one that was returned against Talib, arise from Grand Jury proceedings. In Nevada, a Grand Jury is comprised of seventeen (17) citizens who spend one day a week hearing cases to determine whether there is probable cause to believe that the person charged committed the offense. Probable cause is defined as 'slight or marginal evidence.'
Prior to a Grand Jury indictment, state prosecutors are required to serve Marcum notice on the target of the indictment. The notice advises the target that they have a right to testify before the Grand Jury and to have any exculpatory evidence submitted to the Grand Jury on their behalf. However, it is uncommon for accused persons to submit evidence to the Grand Jury. And, it is exceedingly rare for an accused person to testify before a Grand Jury.
If you or someone you know is accused of a firearm offense, such as Attempted Murder with a Deadly Weapon or Assault with a Deadly Weapon, it is important to contact an experienced and knowledgeable Las Vegas Criminal Defense Attorney immediately. Also, if you have been served with a Marcum notice, it is imperative that you seek legal counsel right away. A Las Vegas Criminal Defense Lawyer can assist you in analyzing the facts of your case, responding to a Marcum notice, and determining the most aggressive defense strategy possible.