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Assault/Battery

Assault

“Simple” Assault

In Idaho, a “simple” assault is an “unlawful attempt, coupled with apparent ability, to commit a violent injury” to another or doing something which creates a “well-founded fear” in a person that violence is imminent. Assault can be charged when, for example, you take a swing at another but miss.

A “simple” assault is a “misdemeanor” and is punishable to a jail term of no more than 3 months and/or a fine of not more than $1,000. Although these penalties do not seem to be “too bad,” there may be what are known as “collateral consequences” to a conviction for assault. These consequences can include immigration, firearm, and employment issues.

“Aggravated” Assault

An “aggravated” assault is an assault that is committed: (1) with a deadly weapon or instrument without the intent to kill; or (2) by any means of force likely to produce great bodily harm; or (3) with any vitriol, corrosive acid, or a caustic chemical of any kind. The deadly weapon can be a firearm even if it is not loaded or so defective it cannot actuallly be fired.

An aggravated assault is a “felony” and is punishable by imprisonment in the state prison of not more than 5 years and/or a fine of up to $5,000.

Battery

“Simple” Battery

A “simple” battery is the unwelcome or unlawful touching of another. Like a “simple” assault, “simple” battery is a misdemeanor, but carries two different potential punishments depending on whether the victim is known to be pregnant.

If the victim is not pregnant, “simple” battery is punishable by a jail term of no more than 6 months and/or a fine of not more than $1,000. If person accused of battery knows the victim is pregnant, a conviction comes with the possibility of a jail term of up to 1 year and/or a fine of up to $1,000.

“Aggravated” Battery

An “aggravated” battery is a battery that: (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) is committed on the person of a pregnant female, and 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 of not more than 15 years.

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