If you’ve been charged with any sort of assault or battery in Idaho, you’ll be facing serious consequences. A lot of people think that assault and battery is one charge. That is not the case. Assault and battery are two different things. For example, assault is when you attempt to cause physical injury to someone. Battery is when you actually follow through with your intent and try to harm someone.
You do not have to be charged with both crimes in order to face penalties. For example, you can be charged with assault. Or you can be charged with battery. In most cases, people tend to follow through with their intentions to harm someone. That is why you hear the two terms together so often.
In Idaho, there is also something called aggravated assault and aggravated battery. Imagine a regular assault stepped up a notch. For example, if you threaten to beat some up, it would be an assault. If you’re holding a gun and threaten to shoot them, it would be an aggravated assault. Likewise, if you hit someone with your fist it will be considered a battery. If, however, you throw sulphuric acid on their face, it would be considered an aggravated battery. The distinction is important because the penalties for an aggravated assault are much worse than they are for a regular assault. It can mean the difference between probation and spending 5 years in prison. Having an experienced criminal defense lawyer can make a huge difference. They’ll work to get the prosecutor to reduce or dismiss your charges. That’s why you should call one as soon as you’re able to make a phone call.
What is Aggravated Assault?
Aggravated assault is basically an assault that is committed with a deadly weapon. It begs the question – what is an assault? When you attempt to cause physical injury to someone or threaten to do so, you can be charged with assault. For example, if you try to hit somebody with an umbrella but never actually hit them, it would be considered assault. It can also be deemed assault when you threaten to hurt someone and they reasonably feel that they’re at risk of being hurt. An aggravated assault is when you do this with the use of a deadly weapon or by some other means or force likely to produce great bodily harm. A deadly weapon would be a gun, knife or even a poison.
What is Considered an Aggravated Battery in Boise?
In Boise, you can be charged with aggravated battery if you actually cause serious bodily injury to somebody. This includes permanent disfigurement or permanent disability. In order to be charged with battery, the State must show that you intended to cause harm and you intended to act. So, if you negligently hit someone with your car, it would not be considered an aggravated battery. While a vehicle can be deemed a deadly weapon, it is rare that someone actually intentionally hits someone with the car.
What are the Penalties for These Crimes?
If you’ve convicted of either of these crimes, you will face serious penalties. If you’re convicted of aggravated assault, you face the following:
- A maximum of 5 years in prison
- Fines of $5,000
For an aggravated battery conviction, the penalties are a bit steeper:
- A maximum of 15 years in prison
- Fines of $15,000
Your Boise criminal defense lawyer will do their best to get your charges reduced or dismissed.
Schedule a Consultation with an Experienced Criminal Defense Lawyer in Boise
If you’ve been charged with assault or battery, you need to call our office. You are going to need a skilled criminal defense lawyer. After your arrest, you will have to go to an arraignment. This can happen the day after your arrest. This is where the charges will be read and you’ll enter your plea. It’s a good idea to have a lawyer by your side when you do this. You may have no idea how the process works. If you’ve never been in trouble with the law before, you’ll need someone to walk you through it. The last thing you want to do is try to handle this yourself.
Contact us today and schedule your initial consultation. Sit down with an experienced criminal defense attorney who has handled cases like yours before. They can answer any questions you may have. They can also get started preparing your defense from day one.