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Understanding the penalties for assault and battery in Idaho

Assault and Aggravated Assault

Assault is an attempt to cause physical harm to another person. This could be a threat where the victim feels afraid that the act will actually take place and the offender has the ability to carry out the threat. It could also be an act of violence where the aggressor attempts to harm the victim and misses.

Aggravated assault in the state of Idaho is often categorized by using a deadly weapon or instrument without the intent to kill or by any means or force likely to produce great bodily harm. This includes the use of any vitriol, corrosive acid or a caustic chemical of any kind.

Penalty for aggravated assault: The penalty for aggravated assault in the state of Idaho is up to 5 years in state prison, up to a $5000 fine, or both.

Battery and Aggravated Battery

Battery in the state of Idaho is categorized as an offense where physical contact is actually made. This includes body contact, using an object to harm someone and intentionally inflicting harm. The consequences can vary based on the degree of harm and circumstances surrounding the incident. Often, it is in your best interest to consult with an attorney to know your options and your rights.

Aggravated battery in the state of Idaho is when the person committing battery:

• causes great bodily harm, permanent disability, permanent disfigurement
• uses a deadly weapon or instrument
• uses vitriol, corrosive acid, or a caustic chemical of any nature
• uses poison
• targets a pregnant female and causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus

For additional laws pertaining to a pregnant female or for a full description of aggravated battery, see Idaho statute 18-907

Penalty for aggravated battery: Aggravated battery is a felony and can carry a sentence of up to 15 years in state prison and up to a $50,000 fine.

Domestic Violence

Domestic violence is a violent act between household members. Household members can be married, have a child together, or cohabitate. They do not need to be married or previously married in order to be classified as household members.

The severity of charges can vary based on the amount of trauma involved, the presence of a child, and whether or not there have been previous offenses. Domestic violence is categorized as a felony when traumatic injury occurs. Wounds do not need to be serious or life-threatening in order to be considered traumatic.

Alternatively, domestic violence is categorized as a misdemeanor charge when traumatic injury is not present. A first offense can warrant up to 6 months in jail and a $1000 fine. In some cases, such as committing assault or battery in the presence of a child (any person under 16 years of age), the penalty can be more severe.

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