If you have been arrested and charged with assault or battery, it is important that you understand the charges against you and what your legal rights are. Call me to discuss your case, your options, and the potential outcomes.
Pursuant to Idaho Code §18-901 assault is either: 1) the unlawful attempt to injure another person, or; 2) threatening violence such that the other person fears they are in imminent danger. This threat can come in the form of actions or words.
Assault is punishable by up to a fine of $1000 and 3 months in the county jail (See: Idaho Code §18-902).
Pursuant to Idaho Code §18-901daho Code §18-903 battery is the intentional touching of another against their will. A common misconception is that this touching must cause harm of some sort - this is not the case! You can be charged and convicted of Battery by simply poking or pinching another. As ridiculous as this may seem, I have seen charges of Battery stemming from a slight push, kicking sand, and spraying water.
Battery is s punishable by up to a fine of $1000 and 6 months in the county jail (See: Idaho Code §18-904). If the victim is pregnant the potential punishment increases to up to a fine of $1000 and 1 year in the county jail.
Assault and Battery Enhancements
The potential punishments for assault and battery can be enhanced depending on the circumstances of the crime.
Aggravated Assault and Battery
The commission of assault or battery causing great bodily harm or the use of a weapon that could produce great bodily harm, whether it does or not, is classified as aggravated assault or battery, a felony.
Aggravated assault is punishable by up to 5 years in prison. Aggravated battery is punishable by up to 15 years in prison.
Intent to Commit a Serious Felony
The commission of assault or battery with the intent to commit murder, rape, an infamous crime against nature, mayhem, robbery, or lewd and lascivious conduct is classified as a felony.
Assault with the intent to commit a serious felony is punishable by up to 15 years in prison. Battery with the intent to commit a serious felony is punishable by up to 20 years in prison.
On "Certain Personnel"
Assault or battery on medical professionals, peace officers, or court personnel carry enhanced penalties. In most cases the maximum penalty is doubled.
See: Idaho Code §18-915.
A conviction for assault or battery can also result in a court order that the defendant pay restitution. Restitution is the actual financial harm caused by the defendant's criminal conduct. It is not a punishment or a fine, it is mean to compensate the victims of a crime for their financial loss. In assault and battery cases, restitution can be a very large amount - potential ranging into the hundreds of thousands of dollars for medical bills, missed work, etc.
Hire A Lawyer That Will Fight For You!
If you are charged with assault or battery, your freedom and your future are on the line! Let me fight to protect your rights and keep you out of jail! Call me today for a free consultation!