Although assault and battery are used interchangeably in many states across the country, they are considered separate violent crimes in Idaho. Furthermore, each offense can be charged as either a misdemeanor or a felony, depending on the circumstances of the case.
Assault in Idaho
Assault means threatening someone else. In order to commit assault, the threat must be immediate, you must have the apparent ability to fulfill the threat, and the person believes that he is about to suffer harm.
In addition, you can also commit assault by attempting to cause physical injury. For example, if you try to punch someone but miss, this action is still considered assault.
Assault is generally a misdemeanor offense, punishable by a maximum jail sentence of three years and/or a fine not exceeding $1,000. However, if assault was committed against a “special victim” (e.g., law enforcement officials, correctional facility staff, judges and court personnel, firefighters, emergency medical workers, etc.), then the offense is a felony that carries a prison term of up to five years.
Battery in ID
Battery is defined as actual offense physical contact, such as punching, kicking, striking someone with an object, or otherwise intentionally inflicting injury on another person. Additionally, grabbing or ripping another individual’s clothing in anger is also considered battery.
Battery is also a misdemeanor offense that carries the same penalties as assault. Furthermore, committing battery against a special victim is also a felony, punishable by the same penalties as assault against a special victim.
Aggravated Assault & Battery
Aggravated assault occurs when assault is committed using a deadly weapon, a dangerous chemical, or with such force that will likely cause great bodily injury. This type of assault is a felony, punishable by imprisonment for up to five years and/or a maximum fine of $5,000.
Aggravated battery occurs when battery is committed using a deadly, a dangerous chemical, or against a pregnant woman and the offense resulted in great bodily or permanent injury to the fetus or embryo. This type of battery is a felony that carries a maximum prison sentence of 15 years.
If aggravated assault or battery is committed against a special victim, then a conviction can result in additional penalties or double the standard penalties for assault or battery.
If you or a loved one has been charged with a violent crime in Pocatello, contact May, Rammell & Wells today at (208) 623-8021 for experienced legal representation. Serving the local community since 1976.