Idaho Code § 18-901 -§18-902
An assault is:
- an unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or
- an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
An assault is punishable by a fine of up to one thousand dollars ($1,000), or by imprisonment in the county jail for up to three (3) months, or by both a fine and imprisonment.
A battery is any:
- willful and unlawful use of force or violence upon the person of another; or
- actual, intentional, and unlawful touching or striking of another person against the will of the other; or
- unlawfully and intentionally causing bodily harm to an individual.
Battery is punishable by a fine of up to one thousand dollars ($1,000), or by imprisonment in the county jail for up to six (6) months, or both. However, if the victim is pregnant and this fact is known to the batterer, the punishment is a fine up to one thousand dollars ($1,000), or imprisonment in the county jail for up to one (1) year, or both.
What is the difference between an assault and a battery?
An assault is different from a battery because it does not involve the touching of another person. It involves someone doing an act that causes fear in the other person. An example would be a person shaking their fist at another person and telling that person he is “going to beat” them up. With an assault, the fear that is caused is what the law intends to punish.
What is aggravated assault?
An aggravated assault is an assault committed:
- with a deadly weapon or instrument without intent to kill; or
- by any means or force likely to produce great bodily harm; or
- with any vitriol, corrosive acid, or a caustic chemical of any kind.
“Deadly weapon or instrument” is defined to include any firearm, even if unloaded or so defective that it cannot be fired.
Aggravated assault is a felony charge and is punishable by imprisonment in the state prison not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.
What is an aggravated battery?
A person commits aggravated battery when, in committing battery, he or she:
- causes great bodily harm, permanent disability or permanent disfigurement; or
- uses a deadly weapon or instrument; or
- uses any vitriol, corrosive acid, or a caustic chemical of any nature; or
- uses any poison or other noxious or destructive substance or liquid; or
- upon the person of a pregnant female, causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.
An aggravated battery is a felony and is punishable by imprisonment in the state prison not to exceed fifteen (15) years and a $50,000 thousand dollar fine.
The most common defense for any assault or battery is self-defense. This defense is normally employed when the defendant is reacting to the physical aggression of another to protect himself, property or a third person from harm.
Idaho also has a “stand your ground” provision where a person does not have a duty to retreat and may stand ones ground and defend oneself by the use of force which would appear necessary to a reasonable person in a similar situation and with similar knowledge.
To determine whether or not you may have a valid defense to these types of charges a thorough review of all case information and an interview are necessary.
Set up a consultation today with Davis and Hoskisson, PLLC.