What is Aggravated Assault?
In order for the defendant to be guilty of Aggravated Assault, the state must prove each of the following:
- On or about [date],
- in the state of Idaho,
- the defendant [name] committed an assault upon [name of victim]
- by [description of conduct alleged in the charging document], and
- the defendant committed that assault [with a deadly weapon or instrument] [or] [by any means or force likely to produce great bodily harm] [or] [with any vitriol, corrosive acid, or a caustic chemical of any kind.]
An aggravated assault is punishable by imprisonment in the state prison not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.