Idaho Assault and Battery | Criminal Defense
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Idaho Assault & Battery
Assault and Battery can be charged in many ways in Idaho. Please click on the headings below to take you to the correct information.
Idaho 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.
Let's break that down: Assault is not just about making a threat—there must also be the apparent ability to carry it out. So, if a five-year-old threatens to body slam Dwayne “The Rock” Johnson, that's not an assault under Idaho law. Timing matters, too—the threat must be imminent. Telling someone you'll get them next week won't cut it.
Assault is classified as a misdemeanor in Idaho and is punishable by up to 3 months in jail and a $1,000 fine.
Penalties for Misdemeanor Assault in Idaho
If you're facing a misdemeanor assault charge in Idaho, it's important to understand what's at stake. A conviction can result in up to three months in jail, a fine of as much as $1,000, or both. Even though assault is considered a misdemeanor, these penalties can carry serious consequences—impacting everything from your employment opportunities to your personal reputation.
Assault offenses are not limited to physical acts; threatening someone with immediate harm—either through words or gestures—can also lead to charges. The law requires that the threat be imminent and that the person making the threat appears capable of carrying it out. Keep in mind, though, that penalties can vary depending on the circumstances, so it's wise to seek legal guidance if you have concerns about a specific incident.
Idaho Battery
Pursuant to IIdaho 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.
The law covers a wide range of conduct: everything from a slap, punch, or kick to more surprising scenarios. For example, in one Idaho case, a woman in a hospital pulled out her IV line and flung it toward a doctor. While the IV itself didn't hit the doctor, blood and fluid from the line did, and that was enough for a battery conviction (*State v. Nuse, 163 Idaho 262, 409 P.3d 842 (Ct. App. 2017)).
Battery is also a misdemeanor and is punishable by up to 6 months in jail and a $1,000 fine.
Penalties for Misdemeanor Battery in Idaho
A conviction for misdemeanor battery in Idaho can come with some real consequences. Under Idaho law, this offense is generally classified as a misdemeanor, not a felony—but that doesn't mean the penalties are light.
If convicted, you could face:
- Up to six (6) months in jail
- A fine of up to $1,000
- Or both jail time and a fine
Even though these penalties might not seem hefty compared to some felony-level crimes, having a battery conviction on your record can still affect employment opportunities, housing, and more down the road. And as we touched on above, even minor contacts—like a poke or a splash of water—can land you with this charge if it's intentional and unwanted.
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.
It's important to note that aggravated assault doesn't require actual physical contact—like simple assault, it can result from a threat or an attempt that puts someone in fear of imminent harm. The difference is that the threat or attempt must involve a deadly weapon, the likelihood of causing serious injury, or the use of dangerous chemicals. For example, pointing a gun at someone—even without pulling the trigger—is a classic case of aggravated assault. However, a weapon isn't strictly necessary; swinging a heavy object in a way that could cause serious harm, or threatening someone with a caustic chemical, can also be enough.
These distinctions are critical, as aggravated assault is always a felony in Idaho, while simple assault is typically a misdemeanor. Understanding where the line is drawn can mean the difference between a misdemeanor and a felony charge—something that can have a major impact on your future.
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.
Enhancements for Aggravated Battery
Much like aggravated assault, aggravated battery penalties can be enhanced under Idaho law. If a deadly weapon is involved, the maximum sentence can increase by up to fifteen (15) years, making the potential penalty up to thirty (30) years in prison. Repeat felony offenders may also be subject to more severe sentencing under the state's habitual offender statutes.
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.
Sentencing Enhancements and Their Impact on Assault and Battery Charges
Certain factors can significantly increase the potential penalties for assault and battery convictions in Idaho. These “enhancements” mean that, depending on your circumstances, time behind bars can escalate well beyond the standard sentencing ranges listed above.
One example is Idaho's “three strikes” law (see I.C. § 19-2541). If someone is convicted of a third felony—no matter what kind—it triggers a mandatory minimum sentence of five years in prison, with the possibility of a life sentence. This means that even a relatively low-level felony assault or battery can land you behind bars for a long time if you already have two previous felony convictions.
The use of a deadly weapon is another major enhancement (I.C. § 19-2520). If a deadly weapon is involved in aggravated assault or aggravated battery, the maximum possible sentence gets bumped up by 15 more years. Practically speaking, this means a conviction for aggravated assault with a weapon could carry up to 20 years, and for aggravated battery, up to 30 years in prison.
These kinds of enhancements can make a bad situation worse in a hurry. Navigating these rules isn't easy, so it's essential to understand how they could impact your case—and your future.
Common Defenses to Assault and Battery Charges in Idaho
If you find yourself facing assault or battery charges in Idaho, it's important to understand that several defenses may be available to you depending on the unique circumstances of your case. Here are some of the most commonly argued defenses:
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Self-Defense or Defense of Others: One of the most recognized defenses is that you acted to protect yourself or another person from imminent harm. The law allows reasonable force if you genuinely believed you or someone else was in immediate danger.
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Lack of Intent: For both assault and battery, intent matters. If your actions were accidental, or you did not intend to cause harm or offense, this may weaken the prosecution's case.
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Consent: In certain situations, such as sporting events or other activities where contact is expected and voluntarily accepted, the element of non-consensual contact may not be present.
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False Accusation or Mistaken Identity: Sometimes, misunderstandings, misidentifications, or even deliberate false accusations lead to criminal charges. Demonstrating that you were not the person involved, or that the events did not happen as claimed, can serve as a powerful defense.
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Alibi: Having evidence that you were somewhere else at the time of the alleged incident can be a complete defense to a charge.
Every case is unique, and the facts matter. Identifying the strongest defense often requires a thorough review of the evidence and the specific facts of your situation. Proper legal representation can help ensure that your rights are protected and the most effective defense is presented.
Possible Outcomes in Idaho Assault or Battery Cases
When facing assault or battery charges in Idaho, the potential outcomes depend heavily on the unique circumstances of each case, the severity of the accusations, and the strategy taken in court. If you find yourself in these circumstances, it's important to understand all the possibilities that may await.
Some potential outcomes include:
- Case Dismissal: Sometimes, the prosecution may not have enough evidence, or there may be flaws in the case that lead to a dismissal before trial.
- Reduction of Charges: It's possible for charges to be reduced—for example, from a felony to a misdemeanor—through negotiation or in light of new evidence.
- Plea Bargain: Many defendants opt for a plea agreement, which can result in a lighter sentence, probation, or alternative sentencing, potentially avoiding jail time.
- Acquittal at Trial: If you choose to fight the case in court, a successful defense may result in a not guilty verdict.
- Conviction: Of course, there remains the possibility of conviction, which could carry penalties ranging from fines to significant time in jail, depending on the severity of the offense.
Remember, the best preparation involves a clear strategy—whether that's challenging the allegations at trial or negotiating a favorable resolution. A skilled defense can make all the difference in achieving the most positive outcome possible.
How a Criminal Defense Attorney Can Help If You're Charged
Assault and battery cases often arise from heated moments or misunderstandings—situations that can spiral quickly and leave you facing harsh consequences. The good news? A skilled criminal defense attorney can be your most valuable ally in these circumstances.
Here's what an experienced defense lawyer brings to the table:
- Thorough Case Investigation: Your attorney will dig into the details, gather evidence, interview witnesses, and assess the police reports to uncover any weaknesses in the prosecution's case.
- Strategic Defense Planning: Not every altercation justifies criminal charges or the penalties sought. A defense lawyer will explore every legal avenue, from challenging the credibility of the evidence to identifying self-defense or lack of intent.
- Negotiation Skills: In many instances, a lawyer can negotiate with prosecutors to reduce the charges or minimize the consequences, sometimes securing diversion programs or alternative sentencing.
- Advocacy in Court: Should your case move forward, you'll want someone who is prepared to present your defense persuasively before a judge or jury and cross-examine the state's witnesses.
- Protecting Your Rights: Above all, your lawyer will ensure your rights are upheld at every step—from your initial arrest, through the investigation, and into any courtroom proceedings.
Whether your goal is a case dismissal, a favorable plea deal, or taking your matter to trial, having a knowledgeable advocate means you won't face the system alone.
Call Schofield and Young For A Free Consultation
If you are charged with assault or battery, your freedom and your future are on the line! Let us fight to protect your rights and keep you out of jail!
