What Constitutes a Deadly Weapon for Purposes of Aggravated Assault in Boise Idaho?

Most people understand that it’s illegal to assault someone in Idaho. What they may not realize is that they can be arrested and charged with something called aggravated assault, which can result from assault “with a deadly weapon.” This is just what it sounds like. If your assault is worse than your garden variety assault, like threatening someone by clenching your fist, you’ll likely be charged with a more serious crime. Additionally, the penalties are going to be a lot worse than they are for simple assault.

You can be charged for simple assault when you threaten to hit somebody. Or, if you take a swing at them and miss you can be charged with simple assault. If you’re convicted of simple assault, you will face certain penalties. The penalties for simple assault in Idaho are up to three (3) months in jail, a fine of $1,000, and possibly probation. While this may sound extreme for threatening to hurt someone, these are the maximum penalties. However, the court typically looks at the particulars of every case. They also take into consideration the circumstances of the victim.

When it comes to aggravated assault, things become much more serious. An aggravated assault, for example, can occur when you threaten to hurt someone while using a deadly weapon. It’s also when you intend to cause great or serious bodily harm or death. It can also be when the victim feels that you mean to cause serious bodily harm or death. You don’t have to actually touch the victim though. These are very serious cases. You’re going to need an experienced criminal defense lawyer in Boise. They will have to review your case and see what kind of evidence the prosecutor has. They can also look at the facts of the case and determine if you did, in fact, threaten someone with a deadly weapon which the prosecutor has the burden of proving.

A name plate that says, "assault" and gavel sitting on a desk.

Do You Have to Use a Gun to Be Charged with Aggravated Assault in Idaho?

A lot of people think that in order to be charged with aggravated assault, they need to be caught with a gun, or maybe a knife. That isn’t the case. There are all sorts of things that can be considered a deadly weapon in Boise. Anything that could possibly cause great bodily harm or death can be considered a deadly weapon. The same is true for anything that makes the victim think they could be seriously hurt or killed.

Some of the common things that can be considered a deadly weapon in Idaho include:

  • A gun – even if the gun isn’t loaded it can be deemed a deadly weapon. If the victim thinks that they are at risk of getting shot or killed, then it will be aggravated assault.
  • Baseball bat – If you get into a bar fight or street fight, you may decide to grab a baseball bat from your trunk. Although this may not seem like a deadly weapon, when used in an assault, it certainly can be. You could easily beat someone to death or near death with a baseball bat. Therefore, it counts as a deadly weapon.

Contact an Experienced Criminal Defense Lawyer in Boise, Idaho

If you or your child have been charged with aggravated assault in Boise, you’re going to be facing some pretty stiff penalties. It is important that you call and talk to a skilled criminal defense lawyer in Boise. You could be facing serious jail time and fines. While having a defense lawyer doesn’t guarantee that you’ll be acquitted, it certainly improves your chances of getting the charges reduced or dismissed.

Whether it is fair or not, the prosecutor is more willing to negotiate a fair plea if you have a lawyer. They aren’t going to sit down and have an in-depth conversation with you as a defendant. However, they will take the time to meet with your attorney. They’ll also have to give your lawyer a copy of any evidence they have. You may not know how to ask for this. That’s why it’s in your best interest to have someone by your side throughout the criminal process. Call and schedule your initial consultation with one of our defense attorneys in Boise right away.

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