When it comes to cases of violence in Idaho, assault, and battery are some of the most common types we at Hooper Law encounter. Many people have a misconception when it comes to assault and battery, thinking of the two as one crime, which is something they picked up from the cop shows they watch. However, this is incorrect. The two are distinctively different crimes, with each attracting potentially different punishments and defenses. Our assault and battery lawyers in Boise Idaho have successfully represented clients charged with these offenses.
In Idaho, each crime is considered as a felony or misdemeanor with some sentencing enhancements applicable depending on the circumstances. If you are facing such a criminal charge in Boise, Idaho, we have the best criminal defense lawyers in Idaho. Reach out to us today and learn how we can help you prepare and come up with a winning defense strategy.
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How Does The Law In Idaho Define Assault?
According to I.C. § 18-901 of the laws in Idaho, assault is the attempt or threatening to injure another person. For anyone to commit assault, they should have the apparent ability to execute such an act. Keep in mind that this crime has a time component. If you attempt to hurt someone a week from now, it cannot be considered an assault. For this to be regarded as an assault, then the threat or attempt must be imminent. In Idaho, assault is considered a misdemeanor and is punishable by jail time of up to three months or a fine of $1,000.
How Does The Law In Idaho Define Battery?
According to I.C. § 18-903 of the laws in Idaho, Battery is a crime that involves physical contact, which entails striking or touching someone or causing harm to them. However, the acts that can constitute such a crime are diverse. Things like kicking, slapping, and punching qualify for battery, but the offense is not limited to these kinds of acts.
In one of such cases in Idaho, a hospitalized woman pulled out an IV line then threw it to a doctor. The IV did not hit the doctor, but blood and fluid made contact, and this was enough for the woman to be charged for battery. In Boise, Idaho, battery is considered a misdemeanor and is punishable by jail time of up to six months and a fine of $1,000.
What Is The Difference Between Assault And Aggravated Assault In Idaho?
Aggravated assault is the criminal act of committing assault using a deadly weapon attempting to cause or causing bodily harm. The item used to commit the attack can be a solid object or corrosive chemicals as per I.C. § 18-905. For instance, aiming a gun at another person qualifies as aggravated assault. Please note that attempting or threatening to execute such an act even without the use of a weapon causing severe bodily harm is enough to merit such an aggravated assault conviction.
If you have an experienced criminal defense attorney handling your case, then your case will be in the hands of a legal expert that can help determine if you are to be charged with a misdemeanor gun crime, misdemeanor assault, or felony aggravated assault. In Idaho, an aggravated assault crime is considered a felony and is punishable by jail time of five years and a fine of $5,000.
What Is The Difference Between Battery and Aggravated Battery?
Aggravated battery is the act of committing battery while using a deadly weapon or committing a battery that caused great bodily harm permanent disability or permanent disfigurement. The weapons used can be a solid object or even a corrosive chemical. Any act that causes harm to a pregnant woman and the unborn child is also classified as aggravated battery, as per I.C. § 18-907. Attacks that involved knives, bats, guns, and other such weapons are the common element in many cases of aggravated battery.
Keep in mind that an aggravated battery conviction can be reached even without an attack weapon involved if the act resulted in severe bodily harm. In Idaho, an aggravated battery crime is considered a felony and is punishable by jail time of fifteen years and a fine of $50,000.
What Sentencing Can You Get In Assault And Battery Cases In Idaho?
Certain criminal acts in Idaho can be enhanced depending on the circumstance of each case. According to the three-strike law (I.C. § 19-2541) in Idaho, an offender that faces a third felony charge gets the minimum of a 5-year jail term or the maximum incarceration of life imprisonment. The use of a deadly weapon that caused bodily harm is considered aggravated battery or aggravated assault, and any other crime linked to these will enhance the maximum penalty by additional incarceration of 15 years, as per I.C. § 19-2520.
That means the aggravated assault jail term will be increased to 20 years and 30 years for aggravated battery. If you reach out to Hooper Law, our highly experienced Boise criminal defense lawyers will look for loopholes in the Idaho Code that will help you navigate such convictions.
How Can A Boise Criminal Defense Lawyer Help Me In An Assault Or Battery Case?
The charges you face for an assault or battery can be linked to the failure to keep your cool and overreacting in the situation. It only takes a few seconds of bad decision making to ruin your life. You, however, can turn things around by hiring an experienced attorney that frequently works in violent crime defense.
At Hooper Law, our team of legal experts will conduct thorough investigations to come up with a solid defense strategy for fighting every case to get the best result possible. Whether you are thinking of working out a deal for a lesser sentence or you are okay with the matter having its day in court, you should be ready. That means you must be willing to fight for your interests as we commit ourselves to help you fight the charges you face.
Get The Best Assault And Battery Lawyers in Boise Idaho At Hooper Law
It would be best if you reach out to a defense attorney that is significantly experienced in assault and battery offenses if you are charged with such a crime. At Hooper Law, we have a team of legal experts that will commit enough time and resources to provide a robust defense for your assault or battery case.
We are fully aware of how stressful these kinds of charges can be, and we will work aggressively to ensure that we protect your rights and secure your future from being tainted by such accusations. We have highly experienced and accomplished Boise criminal defense attorneys that can predict the tactics that the opposing side will use to ensure you are convicted for the alleged crime. We know their strategies because we have handled cases from both sides of the courtroom.
Why not take advantage of your knowledge as you seek experts that will build a strong defense that will see you get the best outcomes! We have helped many clients with their alleged criminal offenses and obtained numerous dismissals. We also have helped different clients get lesser convictions.
Call Hooper Law Offices today at (208) 203-1977 and book a non-obligatory consultation. You can as well go online and fill a case form or utilize our 24/7 chat service.