Assault and Battery
It's critical to look into the specifics of the incident when dealing with accusations of assault and battery to ensure your side is heard. Protecting your rights greatly depends on having a solid defense and being aware of the circumstances from the outset. You need the assistance of a knowledgeable and competent lawyer if you are faced with assault or battery charges.
What is the difference between Assault and Battery?
Despite common assumptions, an assault charge can be filed without any physical contact. Even the mere threat of harm to someone who has "apparent/present ability" is grounds for assault. "Apparent ability" refers to one's ability to physically carry out the threat against the other individual. Physical contact intended to cause harm to another person is necessary for a battery charge.
Below are the specifics of assault and battery charges outlined in Idaho law:
Assault, according to Idaho Code §18-901
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An attempt to commit a violent act against another person
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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
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Use of force and violence against another person
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Unlawful touching or physically striking another person against their will
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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
Assault (Idaho Code §18-902)
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Misdemeanor
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Fines up to $1,000 and/or up to 3 months in county jail
Aggravated Assault (Idaho Code §18-906)
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Felony
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Fines up to $5,000 and/or up to 5 years in an Idaho State prison
Battery (Idaho Code §18-904)
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Misdemeanor
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Fines up to $1,000 and/or up to 6 months in county jail
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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)
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Felony
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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
Enhanced Charges
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.