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.
What is Assault?
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).
What is Battery?
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 of a battery is pregnant, and this fact is known to the batterer, the punishment is enhanced - fine up to one thousand dollars ($1,000), or imprisonment in the county jail for up to one (1) year, or both.
What is Aggravated Assault and Battery?
Aggravated Assault
An assault committed:
- With a deadly weapon or instrument without intent to kill; 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.
Aggravated assault is a felony charge and 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.
Aggravated Battery
A battery that:
- causes great bodily harm, permanent disability or permanent disfigurement; or
- uses a deadly weapon or instrument; or
- uses any vitriol, corrosive acid, or a caustic chemical of any nature; or
- uses any poison or other noxious or destructive substance or liquid; or
- upon the person of a pregnant female, causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.
An aggravated battery is a felony and is punishable by imprisonment in the state prison not to exceed fifteen (15) years and a $50,000 thousand dollar fine.
See: Idaho Code §18-905, Idaho Code §18-906, Idaho Code §18-907, Idaho Code §18-908.
Assault and Battery With The 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
- lewd and lascivious conduct
Are 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.
See: Idaho Code §18-909, Idaho Code §18-910, Idaho Code §18-911, Idaho Code §18-912.
Assault And Battery On Certain Personnel
Any person who commits an assault or battery on Certain Personnel includes an extensive list of individuals. There are also many possible punishments that are important for you to be aware of and understand. Follow this page to understand more about this charge,
- Assault and Battery on Certain Personnel
Call Me For A Free Consultation
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!
