Assault and battery are two distinct crimes under Idaho laws. The state laws specify the penalties for these crimes. Although they may be regarded as a misdemeanor in more mild cases, assault or battery crimes can also be regarded as a felony. In the latter case, penalties for these offenses are more severe. In addition, further enhancement may be added to the standard penalties.
It is important to understand what constitutes assault and battery as per Idaho laws, and what the penalties for each are. Whether you stand accused of one of these crimes, or you have been the victim of one, this knowledge can help you understand your rights and the legal options open to you.
Assault Definition and Penalties in Idaho
The definition of assault is included in Idaho Statues Section 18-901. This section defines assault as the threat or attempt to injure another person. There are other qualifications that must be met in order for a threat or attempt to constitute assault. A person making the threat or attempt must be physically able and capable to carry out the threat. In addition, the threat embodied in an assault must be imminent, so a promise of future harm does not qualify as a threat.
Standard assault is considered a misdemeanor in the state of Idaho. The penalties for the offense include a fine of up to $1,000 and a jail time of up to 3 months.
A more serious type of assault is defined in the statutes. This is legally known as aggravated assault. Any type of assault becomes an aggravated assault when it includes a threat or attempt to cause great bodily harm.
It is the degree of intended harm which makes aggravated assault a more serious offense in the eyes of the law. And the offense legally stands whether or not the threat of bodily harm is carried out.
Aggravated assault is typically committed with a deadly weapon, such as a pointed gun or a speeding vehicle. Threats or attempts to harm someone using dangerous chemicals are also included in this category.
Penalties for aggravated assault are a lot more severe compared to standard assault. These include a fine of up to $5,000 and up to 5 years behind bars.
Battery Definition and Penalties in Idaho
Battery, in contrast to assault, is when the harm is actually caused instead of merely threatening or attempting it. Idaho Statutes Section 18-903 defines battery as touching, striking, or causing harm to another person.
The actual scope of actions that constitute battery is quite broad. If a person slaps another person, kicks, punches, or hits with an object, this qualifies as battery.
Idaho laws regard standard battery offense as a misdemeanor. Penalties for this offense include up to 6 months behind bars and a fine of up to $1,000.
When a person causes great bodily harm to another person, this qualifies as aggravated battery. As with aggravated assault, a deadly weapon may or may not be involved in causing the harm. However, if the degree of harm is determined to be great bodily harm, the offense will be deemed as an aggravated version of battery. If a deadly weapon is also used, further enhancements apply.
The penalties for aggravated battery in the state of Idaho include a fine of up to $50,000 and a prison term of up to 15 years.
Assault and Battery Enhancements
There are certain circumstances which may further enhance the penalties for assault and battery crimes. For instance, if a person commits either of these felonies for the third time, a minimum prison sentence of five years and a maximum of life sentence applies.
Similarly, the use of a deadly weapon also enhances the penalties. If an aggravated assault is committed using a deadly weapon, the penalties include a prison term of up to 20 years. If a deadly weapon was used in committing aggravated battery, the prison term will be enhanced to be up to 30 years.
Hiring an Aggravated Assault and Battery Lawyer in Boise, Idaho
If you have been charged with a battery or assault offense in Boise, ID, we can help you. Here at Aaron Hooper, Attorney at Law, we understand that regular people can lose their cool and commit actions that they regret later. However, a single such action must not be allowed to tarnish your life. With our help, you can fight the charges and seek significantly reduced penalties by showing your previous good conduct and social standing. Contact us today to discuss how to defend yourself against the charges.