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.
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).
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 is pregnant the potential punishment increases to up to a fine of $1000 and 1 year in the county jail.
Aggravated Assault and Battery
Aggravated Assault
An assault committed:
(1) with a deadly weapon or instrument without intent to kill; or
(2) by any means or force likely to produce great bodily harm; or
(3) 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:
(1) causes great bodily harm, permanent disability or permanent disfigurement; or
(2) uses a deadly weapon or instrument; or
(3) uses any vitriol, corrosive acid, or a caustic chemical of any nature; or
(4) uses any poison or other noxious or destructive substance or liquid; or
(5) 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, 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.
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 against or upon a justice, judge, magistrate, prosecuting attorney, public defender, peace officer, bailiff, marshal, sheriff, police officer, peace officer standards and training employee involved in peace officer decertification activities, emergency services dispatcher, correctional officer, employee of the department of correction, employee of a private prison contractor while employed at a private correctional facility in the state of Idaho, employees of the department of water resources, jailer, parole officer, misdemeanor probation officer, officer of the Idaho State Police, fireman, social caseworkers or social work specialists of the department of health and welfare, employee of a state secure confinement facility for juveniles, employee of a juvenile detention facility, a teacher at a detention facility or a juvenile probation officer, emergency medical services personnel member, employee or agent of the state tax commission, United States Marshall, or federally commissioned law enforcement officer or their deputies or agents and the perpetrator knows or has reason to know of the victim's status, the punishment shall be as follows:
For committing battery with intent to commit a serious felony the punishment shall be imprisonment in the state prison not to exceed twenty-five (25) years.
For committing any other crime in the assault and battery code the punishment shall be doubled that provided in the respective section, except as provided below.
For committing an assault or battery against the person of a former or present justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a county jail, or of a private correctional facility, or of an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer:
(1) because of the exercise of official duties or because of the victim's former or present official status; or
(2) while the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a private correctional facility, an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer;
the offense shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.
For committing a battery, except unlawful touching as described in section 18-903(b), Idaho Code, against the person of a former or present peace officer, sheriff or police officer:
(1) because of the exercise of official duty or because of the victim's former or present official status; or
(2) while the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a peace officer, sheriff or police officer;
the offense shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.
See: Idaho Code §18-915.
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!