Assault and Battery Defense Attorney in Boise, Idaho
When facing assault and battery allegations, it is crucial to investigate exactly what happened to make sure your side is heard. Having a strong defense and understanding of the situation from the beginning makes a huge difference in protecting your rights. If you are facing criminal charges, you need help from an experienced and skilled attorney. We are here to help you through the legal process, and work towards returning your life back to normal.
What’s the Difference Between Assault and Battery?
Contrary to popular belief, no physical contact is necessary to be charged with assault. The simple threat of causing harm to someone else with “apparent/present ability” can be classified as an assault. “Apparent ability” means that you would physically be able to carry out your threat against the other person. For example, threatening to “beat someone up” while waiting in line to enter a bar. If the threat made that person fear for their immediate safety and you would have physically been capable of hurting them, this could qualify as assault, but not battery. A battery charge requires physical contact intended to harm another person.
Below are the specifics of assault and battery charges outlined in Idaho law:
Assault, according to Idaho Code §18-901
- An attempt to commit a violent act against another person
- The threat of committing a violent act against another person, with apparent ability, in a way that makes them fear for their personal safety
Battery, according to Idaho Code §18-903
- Use of force and violence against another person
- Unlawful touching or physically striking another person against their will
- Intentionally causing bodily harm to another person
Aggravated Assault and/or Battery
An assault becomes aggravated or enhanced when there is the threat of a deadly weapon or instrument without the intent to kill. If the deadly weapon is a firearm, it doesn’t need to be loaded or fully operational to become an aggravated assault. (Idaho Code §18-905)
Battery becomes aggravated when there is the use of a deadly weapon or toxic chemical, causes significant bodily harm, disability, or disfigurement, or causes great bodily harm to a pregnant woman or permanent disfigurement to an embryo or fetus. (Idaho Code §18-907)
Penalties for Assault and Battery in Idaho
Aggravated Assault (Idaho Code §18-906)
- Fines up to $5,000 and/or up to 5 years in an Idaho State prison
Battery (Idaho Code §18-904)
- Fines up to $1,000 and/or up to 6 months in county jail
- If a battery is committed against a pregnant woman and the alleged batterer knows this, the penalty is a fine up $1,000 and up to one year in county jail
Aggravated Battery (Idaho Code §18-908)
- Fines up to $50,000 (I’m not seeing this in the actual statute, but it’s all over all the other sites) and up to 15 years in an Idaho State prison
There are enhanced penalties for an assault or battery under specific circumstances. If an alleged crime is committed in the process of committing a serious felony, the penalty is much higher. Assault with the intent to commit a serious crime is a felony with up to 15 years in a state prison. Battery with the intent to commit a serious crime is a felony with up to 20 years in a state prison. Assault or battery on those involved in specific jobs including but not limited to those involved in court system, police officers (both state and federal), prison and probation faculty can lead to an immediate felony with additional penalties.
With Michael’s experience as a prosecuting attorney and as a criminal defense attorney, we will skillfully and aggressively defend and protect your freedom.
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Michael takes pride in outworking the government’s attorneys.
The penalties that come with assault and battery charges in Idaho can be extremely complicated, particularly if you are charged with additional crimes on top of assault and battery. These penalties are life-changing, and can take you away from your life, family, and rights. We fight any and all assault and battery charges.
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