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The criminal laws differ from State to State. Generally speaking, the intent of the shooter must be considered. If the intend was to kill, the crime may be attempted murder, either first or second degree (premeditated for first, without premeditation or deliberation for second) If the intent was to scare the person, and the shot was accidental, the charge may be feloneous assault (at least in Michigan), which is punishable by a maximum of 4 years in prison. In your question you state that the shooter was arrested for assault & battery with a firearm, rather than attempted murder, so I would think the penalty would be that designated for feloneous asssault. Depending on the State where it happened, the penalty can be a number of years. I only know about Michigan law.

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