Have you recently been arrested? Were you charged with any violent crimes? Do you need a Boise Violent Crimes Defense Attorney? In either case, it’s crucial that you fully understand any charges you are facing as well as the legal rights that you have. There are many different crimes that can come into play here.
Violent crime convictions have the potential for severe consequences, both short- and long-term, which can negatively impact your reputation, employment, freedom, and relationships. Never let any conviction haunt you the remainder of your days.
There are many ways to challenge violent crimes. You’ve got quite a bit on the line here, so let our dedicated criminal defense law firm step up to help you. We can make sure your rights are protected and hopefully keep you free from jail or prison!
Table of Contents
Assault And Battery
Per §18-901 of the Idaho Code, assault can be one of two things:
- An unlawful attempt at injuring someone else, or
- Threatening another person with enough violence that they fear for their current safety
Such threats can be either verbal or in the form of actions. Assault is not the same as battery, since it doesn’t actually involve physically touching the other person. It’s more about causing fear in someone else that they are about to be harmed. An instance could be screaming at a loud volume into someone’s face about possibly harming or hurting them.
An assault in the state of Idaho can be punished with either a fine up to $1,000 and county jail time for up to 3 months.
Per §18-903 of the Idaho Code, battery is listed as three different possibilities:
- Unlawful and/or willful use of violence or force upon someone else, or
- Actual, intentional, and unlawful striking or touching of someone else against their will, or
- Unlawfully and Intentionally causing harm to someone else
Battery can be punished with fines as much as $1,000 and jail time for up to 6 months.
Aggravated Assault And Battery
An assault is considered aggravated if any of the following transpire:
- A deadly instrument or weapon is used without any intention of killing, or
- Force or means likely to result in “great bodily harm,” or
- Any caustic chemical, corrosive acid or vitriol is employed.
Aggravated Assault in the state of Idaho is considered a felony-level charge. Possible punishments include fines, up to $5,000; state prison incarceration, up to 5 years in length; or even both.
A battery in Idaho is considered aggravated if while committing the battery any of the following transpire:
- The person causes great bodily harm, permanent disability or permanent disfigurement
- The person uses a deadly weapon or instrument
- Any vitriol, corrosive acid, or a caustic chemical of any nature
- The battery is upon a pregnant female and great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus occurs
Assault or Battery on a Law Enforcement Officer
Whenever an assault or battery is committed on a law enforcement officer, or other individuals (judges, prosecutors, public defenders, correctional officers, probation officers, etc.) the penalties become much more severe and maximum penalties can range from 5 to 25 years and in some cases any jail time may be run consecutively to another sentence that is being served. For example, if someone commits a battery on a correctional officer while they are serving a prison sentence, if they are found guilty or plead guilty to the charge of assault or battery on a law enforcement officer, they may be required to serve 5 extra years on top of the sentence they were currently in prison serving.
Malicious Injury to Property
Even though this isn’t considered a violent crime, this does happen frequently as a component of larger cases that do involve actual charges of violent crimes. Anyone who maliciously destroys or injures real or personal property that does not belong to them, jointly owned property but without the joint owner’s permission, or a piece of property that belongs to the community of that person’s marriage, is potentially guilty of a misdemeanor, punishable by county jail imprisonment as much as 1 year in duration, and/or a fine up to $1,000.
Malicious Injury to Property can be charged as an actual felony if any of the following apply:
- The damages resulting from the violation were in excess of $1,000 in total value, or
- A sequence of individual violations as part of a broader plan or scheme and are all aggregated into a single count, and the damages from all such violations taken together are in excess of $1,000 in total value.
Injury to Child
Per §18-1501 of the Idaho Code, anyone that willingly causes harm to children, or just creates a circumstance where they are in danger, may face charges of Injury to Child. Based on the specifics of the case, this might be considered either a felony or a misdemeanor. What the police and prosecutors are looking at when they decide whether to charge as a misdemeanor or a felony are whether the circumstances were “likely to produce great bodily harm or death.” If the circumstances were likely to cause great bodily harm or death, the charges will be at the felony level. If they were not, the case will be charged as a misdemeanor.
Injury to Child cases can be tough in this day and age because what’s considered abuse and what’s considered acceptable discipline can be a major point of disagreement. Often times a police officer’s or prosecutor’s view of what abuse is will be much more sensitive then most. Because the police and prosecutors are the ones that determine whether a case is filed, it’s possible that you could face criminal charges for what is otherwise an acceptable form of discipline (i.e. spanking). Even if the conduct is not severe, the consequences of filing a case are (No Contact Orders, Child Protection Cases, etc.)
What are the penalties for Injury to Child in Idaho?
If you are charged with a misdemeanor Injury to Child, you will face a maximum of 6 months in jailing up to $1,000 fine. For felony charges the maximum penalty is 10 years in prison. Probably the worst part of Injury to Child cases is that there will often be a No Contact Order between the accused and the child that will prevent the accused parent from having contact with the child. Even if the parent did not do what they are being accused of the judge may keep a No Contact Order in place until the case is over.
Because of the serious impact Injury to Child cases can have on your life and your parental rights, it is important to consult an attorney with experience in this type of case. Hooper Law Offices has had clients, and tried cases, where it was successful in defeating overcharged cases and protecting clients from the most severe consequences.
A homicide case is charged because the result of someone’s conduct may have been death, either intentional or unintentional. Homicide cases can obviously be some of the most severe ranging from Misdemeanor Manslaughter to Murder One, which is clearly a felony.
Per §18-4006 of the Idaho Code, manslaughter is an unlawful killing of a human being including, but not listed to, a human embryo or fetus, without malice. Manslaughter in Idaho falls under three different categories:
This is an unlawful killing of any human being as a result of the heat of passion or a sudden quarrel.
This is an unlawful killing of another human being because of the negligent, careless, or reckless actions of the defendant.
This is an unlawful killing of another human being wherein the operation of an automobile by the defendant is deemed a substantial cause behind the death of the victim. Vehicular manslaughter is different from voluntary and involuntary manslaughter in how it can be considered either a misdemeanor or a felony.
Murder is an intentional and unlawful act resulting in the killing of another human being, as defined by §18-4001 of the Idaho Code. It’s usually regarded as the utmost serious crime anyone can get charged within the criminal justice system, and murder charges are usually either 1st- or 2nd-degree in nature. First-degree murder punishments start with a minimum of 10 years in prison with a maximum of death penalties. Second-degree murder punishments range from 10 prison years to as much as life sentences without parole or release.
About Firearm Enhancements
Anyone who is convicted of certain crimes in Idaho and in doing so used, displayed, attempted to use, or just threatened the use of a deadly weapon, including firearms, in either doing or trying to do their crime is to be sentenced for an extension of their imprisonment term. Those certain crimes include but are not limited to the following:
- Aggravated assault
- Aggravated battery
- Assault with the intention to commit any serious felony
- Battery with the intention to commit any serious felony
- Lewd conduct involving minors and/or children younger than 16
- Prisoner rescue
- Escape of someone charged and/or convicted of any misdemeanor
- Escape of someone charged and/or convicted of any felony
- Murder of any degree
- Assault with the intention to murder
- The possession, delivery, manufacture, or trafficking of any controlled substance with an intention of delivery
There is an authorization for extended imprisonments, which boosts the maximum possible sentence by another 15 years.
Offenses Involving Firearms
There are quite a few offenses related to firearms, and they’re not all handled as violent crimes. Still, quite a few are still associated with acts of violence. Also, any individual needs to understand what distinguishes state firearm rights from federal firearm rights. Federal law is what always has control in terms of firearms. That means that even when you have a state right for the possession and usage of firearms, you might still get prevented from owning a firearm, thanks to federal-level laws and legislation.
State Charges Of Felons Possessing Firearms
Any sentence of custody into the hands of the Idaho State Board of Correction automatically suspends a person’s firearm rights when sentenced. On the other hand, once an individual who is convicted of any felony in Idaho, upon their final discharge, might have their firearm rights restored, with some exceptions. Anyone convicted of treason or offenses listed in Idaho Code §18-310 paragraphs A through JJ in the Idaho Code will not see the restoration of their rights to possess, receive, transport, or ship firearms.
Federal Charges Of Firearm Possession
18 U.S.C. § 922(g) deems in illegal for particular groups of individuals to possess ammunition or firearms. They’re also not allowed to receive and shipments or transports of ammunition and firearms that cross state lines or international borders.
Other Various Firearm-Related Offenses:
- Exhibiting A Deadly Weapon
- Unlawfully Discharging A Firearm
- Concealed Weapon Carrying Without A Valid License
- Carrying Any Concealed Weapon While Under Influence Of Drugs/Alcohol
Violent Crimes Mean Serious Consequences, Hire A Lawyer That Knows What To Do!
Any violent crime conviction can mean severe short- and long-term repercussions that impact the reputation you have in the community, any personal relationships in your private life, and your general freedom and employment. In addition to any particular punishment handed down by the courts, convictions can be especially hurtful in the future if you want to be employed. Convictions stay on background checks, and many employers skip over applications of those with violent records.
Never let a conviction for a violent crime haunt you as long as you live. Many individuals who were once charged are now good citizens and productive members of our shared society. Some of them just made regrettable mistakes, while others were just wrongfully accused. In either case, the criminal defense attorneys here at the Hooper Law Offices can provide you protection for your freedom, reputation, and future.
If you’ve been recently charged with any violent offense, then it’s crucial you understand any charges filed against you, but also what legal rights you have. The criminal laws in Idaho are often as serious as they are complicated. Never try taking on the whole criminal justice system by yourself.
Contact us right away for your free consultation in Boise, Idaho.