Aggravated Assault Lawyer in Boise

Felony Assault Defense From a Former Idaho Prosecutor

An aggravated assault charge in Idaho is a felony. That distinction matters immediately, because the difference between a misdemeanor simple assault and a felony often comes down to a single factual question: whether the state can show that a deadly weapon was involved or that the conduct was likely to produce great bodily harm. Attorney Aaron Hooper understands how prosecutors approach that question, because he spent the early part of his career as one.

Aaron Hooper, Attorney at Law is dedicated exclusively to criminal defense in Idaho. Attorney Hooper is available around the clock, offers free consultations, and provides bilingual Spanish-language services for clients who need them.

If you’ve been charged with aggravated assault in Boise, don’t wait to get counsel. Call (208) 271-9551 to schedule a free consultation with Aaron Hooper, Attorney at Law.

What Idaho Law Defines as Aggravated Assault

Under Idaho Code 18-905, aggravated assault is assault committed in one of three ways: with a deadly weapon or instrument without intent to kill, by means or force likely to produce great bodily harm, or with vitriol, corrosive acid, or a caustic chemical. Idaho Code 18-901 defines simple assault as an unlawful attempt to commit violent injury, or an intentional threat with apparent ability that creates a well-founded fear of imminent violence. Physical contact is not required for either charge.

The statute’s definition of “deadly weapon or instrument” extends well beyond firearms. It includes any firearm, even an unloaded or defective one. Idaho appellate courts have drawn the line carefully on other objects: a bare hand doesn’t qualify as a deadly weapon under the statute, but a boot worn by a defendant can. Whether a particular object meets that threshold is a fact-specific determination, and how the state frames that argument shapes everything that follows in the case.

Penalties Under Idaho Code 18-906 & Sentence Enhancements

A conviction under Idaho Code 18-906 carries up to five years in state prison, a fine of up to $5,000, or both. Two additional statutes can extend that significantly. Idaho Code 19-2520 allows a sentence enhancement of up to fifteen additional years when a firearm or other deadly weapon was displayed or used during the offense. For someone with prior felony convictions, Idaho’s persistent violator law under Idaho Code 19-2541 can impose a minimum of five years up to life imprisonment on a third felony conviction.

Those enhancement statutes give prosecutors substantial leverage. Understanding how and when they apply, and how to challenge their use, requires familiarity with how charging decisions are made inside a prosecutor’s office.

How a Former Prosecutor Builds a Defense

Attorney Hooper began his legal career as a criminal prosecutor, handling many cases and developing direct experience with how the state evaluates evidence, decides which charges to file, and determines whether conduct clears the threshold from misdemeanor to felony. That background is directly relevant to aggravated assault cases, where the charge classification itself is often the contested issue.

When reviewing a client’s case, Attorney Hooper applies that perspective to ask the same questions a prosecutor would: Can the state establish the object was a deadly weapon? Does the evidence support a finding of force likely to cause great bodily harm, or does it fall short? Is the witness testimony credible and consistent? Identifying weaknesses in the state’s theory early can create options, whether that means challenging the charge at arraignment, pursuing a reduction, or preparing for trial. Attorney Hooper is licensed to practice in both state and federal court throughout Idaho.