Can You Be Charged with Aggravated Assault in Boise if the Gun Wasn’t Loaded?

Idaho is one of the strictest states when it comes to criminal penalties. Whether you’re charged with a drug crime or assault, you’re going to be looking at jail or prison time and fines. And, if you’re charged with aggravated assault, you can face up to 20 years in prison. That isn’t time spent in a county jail. That is time served in state prison. You’ll want to avoid that if at all possible. You’ll also want to avoid the heavy fines you can get hit with if convicted of aggravated assault.

That’s why it’s important that you understand how this crime works in Boise, Idaho. The best thing to do is call a criminal defense lawyer in Boise. They know the law and have spent years or even decades defending people just like you. They understand the nuances of the law. They also know what the possible defenses are. Even if you don’t think the State has a strong case, is this a risk you’re willing to take?

Aggravated assault in Idaho can be defined as any assault with a deadly weapon. The deadly weapon can be any variety of things. Obviously, the most common weapon one thinks of with this crime is a gun, but it can also be a knife, bottle or anything else that can cause death or seriously bodily harm. It seems strange to think that an unloaded gun could count as a deadly weapon. After all, if there aren’t any bullets in there, it would be impossible to hurt or kill someone, right? Well, the law in Idaho doesn’t care about that. It’s the fact that the victim thought you could kill them that matters.

The other interesting thing about aggravated assault is that you don’t need to want to kill the victim. In fact, that’s an element of the crime. If you shot someone with the intent or goal of killing them, you’d be charged with murder or attempted murder instead. Here, we’ll talk about what sorts of weapons qualify for an aggravated assault charge. We’ll also discuss why an unloaded or broken gun can quality as a deadly weapon in Boise, Idaho.

It’s the Perception of the Victim That Matters

When we’re talking about an assault charge, it’s not so much your intent that matters. What matters is the perception of the victim. If you approach someone with a gun, they are going to assume it’s loaded. This means they’ll naturally (and fairly) assume that you are going to shoot them. It is this fear and apprehension that matters. The same goes for a gun that doesn’t work. The victim has no way to know that the gun is broken. Using a weapon like this is your choice. You take the risk that you can be charged with a felony.

Other weapons that can be considered for aggravated assault include the following:

  • Baseball bat
  • Broken bottle
  • Knife
  • Tire iron
  • Heavy weights such as a dumbbell
  • Stick

The bottom line is this – if you can hurt or kill someone with your weapon of choice, it can be considered a deadly weapon. An aggravated assault charge carries much stiffer penalties than a regular assault charge. You’re going to need a seasoned Boise criminal defense lawyer to help.

If You’re Charged with Aggravated Assault You Should Call a Boise Criminal Defense Lawyer

As mentioned above, if you’re convicted of aggravated assault, or assault with a deadly weapon, the penalties are severe. You can be sentenced to up to 20 years in prison. You may be eligible for parole sooner than the 20 years. However, that isn’t a guarantee. It’ll depend on your criminal record. It will also depend on how you behave while in prison. You’re also going to be facing heavy fines. These fines aren’t intended to go to the victim.

On top of this, you’re going to need to pay a good Boise criminal defense lawyer. The good news is that having a lawyer may decrease the odds of your being convicted. It all depends on the facts of your case. It also depends on what sort of evidence the State has. The best thing you can do is call and talk to an experienced defense lawyer in Boise, Idaho right away.

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