Defense Strategies for Assault or Battery Charges in Boise’s Legal System

What is Assault in Idaho?

According to Idaho State law, assault is any attempt to commit a violent injury to another person. The person attempting injury must possess the apparent ability to inflict harm. Assault is also considered to be an intentional or unlawful threat by word or by action to inflict violence onto another person. Again, the person issuing these threats must possess the apparent ability to inflict harm, and the danger must cause a well-founded fear that the violence is both probable and imminent.

What is the Difference Between Assault and Battery?

Assault and battery are often used interchangeably but are, in fact, two distinct legal charges in Idaho. As stated, assault involves the attempt or threat of harm from an able person, whereas battery is a more serious offense.

Idaho law defines battery as any willful and unlawful use of force or violence inflicted upon another person. This may include touching or striking that is against the will of the victim or the unlawful and intentional infliction of bodily harm to another.

What is Aggravated Assault?

An assault is considered to be aggravated or enhanced when the threat of harm involves a deadly weapon or instrument without the intent to take a life. If the weapon used is a firearm, then it does not have to be loaded or completely operational to be considered an aggravated assault. Deadly weapons include loaded or unloaded guns, knives, brass knuckles, or bully sticks. It may also include other items that are used in a deadly manner, such as a baseball bat, a weighted sock, or a crowbar.

Aggravated assault is also attempting or threatening to harm another by any means that is likely to cause great bodily harm. While the law does not define what constitutes “great bodily harm,” court cases only note that these injuries are more substantial than “bodily harm.” Some examples are serious lacerations, stab wounds, gunshot wounds, broken bones, or injuries requiring surgery.

What is Aggravated Battery?

A battery is considered to be aggravated when a deadly weapon or toxic chemical is used to cause significant bodily harm, disability, or disfigurement, or when it causes physical harm to a pregnant woman or permanent disfigurement to an embryo or fetus.

What are the Penalties for Assault and Battery in Idaho?

The penalties incurred for an action depend on the circumstances of the case. However, Idaho provides a baseline for these criminal actions.

Assault:

• Misdemeanor
• Fine up to $1,000
• Up to three months in jail

Aggravated Assault:

• Felony
• Fine up to $5,000
• Up to five years in prison

Battery:

• Misdemeanor
• Fine up to $1,000
• Up to six months in jail
• If committed against a knowingly pregnant woman, the penalty is a fine of up to $1,000 and up to one year in jail

Aggravated Battery:

• Felony
• Fine up to $50,000
• Up to five years in prison

Enhanced Charges:

If a crime is committed during the process of committing a serious felony, then the penalty is much higher. Assault with the intent to commit a serious crime is considered a felony with a sentence of up to 15 years in prison. Battery with the intent to commit a serious crime is considered a felony with a sentence of up to 20 years in prison. Assault or battery is considered a felony with additional penalties when it is carried out upon those involved in certain jobs, such as those involved in the court system, police officers, and prison and probation personnel.

What are Possible Defenses for Assault or Battery Crimes?

Not all assault or battery cases are equal. Being able to prove that the offending actions were warranted will save jail time and keep a record clean. Possible defenses include the following:

• Self-defense: This is the most common defense used in assault or battery cases and will be a successful claim if the following elements can be proven:
  • There was an imminent threat of harm
  • There was no provocation of attack towards the alleged aggressor
  • There was no option of escaping the situation or retreating from the attack
  • There was no choice but to retaliate against the alleged aggressor
• Defense of others: This argument varies from self-defense in that it claims the actions were carried out to protect one or more other persons. Proof must be established that the alleged aggressor was about to harm the protected party and that there was no way to protect the party except by force.
• Consent: This defense is typically used in cases involving consensual sexual acts where a person may claim that the victim consented to the offending action. This line of argument requires clear proof of consent.
• Defense of property: This type of defense may be used if a person assaulted or attempted to enter a home and was physically hurt in the process. While this defense is typically used in cases of home defense, it may also be used in instances of purse snatching or pickpocketing because the contents of purses and pockets are considered to be personal property. 
• Crime of passion: Some assault or battery crimes can be claimed to have occurred in the heat of the moment due to suddenly aroused passions. Evidence is required to support this defense, and if successful, this defense may significantly reduce resulting penalties. 

Do I Need an Attorney?

If you or your loved one is facing an assault or battery allegation, you have options. Call Tatum McBride Law, P.C., today at 208-999-4529 or fill out a contact form for a free consultation.