Battery and Assault Attorney in Boise, ID

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.

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.

A battery is any:

1. willful and unlawful use of force or violence upon the person of another; or
2. actual, intentional, and unlawful touching or striking of another person against the will of the other; or
3. 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.

An aggravated assault is an assault committed:

1. with a deadly weapon or instrument without intent to kill; or
2. by any means or force likely to produce great bodily harm; or
3. with any vitriol, corrosive acid, or a caustic chemical of any kind.

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.

A person commits aggravated battery when, in committing battery, he or she:

1. causes great bodily harm, permanent disability or permanent disfigurement; or
2. uses a deadly weapon or instrument; or
3. uses any vitriol, corrosive acid, or a caustic chemical of any nature; or
4. uses any poison or other noxious or destructive substance or liquid; or
5. 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.

Yes. Any person who commits an assault or battery against or upon a justice, judge, magistrate, prosecuting attorney, public defender, peace officer, bailiff, marshal, sheriff, police officer, peace officer standards and training employee involved in peace officer decertification activities, emergency services dispatcher, correctional officer, employee of the department of correction, employee of a private prison contractor while employed at a private correctional facility in the state of Idaho, employees of the department of water resources, jailer, parole officer, misdemeanor probation officer, officer of the Idaho State Police, fireman, social caseworkers or social work specialists of the department of health and welfare, employee of a state secure confinement facility for juveniles, employee of a juvenile detention facility, a teacher at a detention facility or a juvenile probation officer, emergency medical services personnel member, employee or agent of the state tax commission, United States Marshall, or federally commissioned law enforcement officer or their deputies or agents and the perpetrator knows or has reason to know of the victim's status, the punishment shall be as follows:

For committing battery with intent to commit a serious felony the punishment shall be imprisonment in the state prison not to exceed twenty-five (25) years.

For committing any other crime in the assault and battery code the punishment shall be doubled that provided in the respective section, except as provided below.

For committing an assault or battery against the person of a former or present justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a county jail, or of a private correctional facility, or of an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer:

(1) because of the exercise of official duties or because of the victim's former or present official status; or

(2) while the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a private correctional facility, an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer;

the offense shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.

For committing a battery, except unlawful touching as described in section 18-903(b), Idaho Code, against the person of a former or present peace officer, sheriff or police officer:

(1) because of the exercise of official duty or because of the victim's former or present official status; or

(2) while the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a peace officer, sheriff or police officer;

the offense shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.

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 I would need to review all of the information in the case and have a thorough interview with you.