Boise Assault and Battery Attorney

Assault and battery are serious offences in the state of Idaho, and come with some pretty severe punishments. If you have found yourself on the wrong side of a conviction, you will need assistance from the best Boise assault and battery attorney.

What Is Assault In Idaho?

The crime of assault in Idaho is defined as being an attempt to cause a physical injury to another person, using a hand or an object, but missing – that is, the blow does not make contact. In addition, assault can also be classified as any intentional action, or a threat of an action, which reasonably causes a person to fear impending violence – for example, threatening to beat someone up, when the assailant realistically has the ability to carry out the threat, and the victim reasonable believes they will be struck or injured.

What About Domestic Assault or Battery?

In Idaho, domestic violence is treated a little differently to other examples of battery and assault. In the event that battery against a household member - defined as a spouse, former spouse, someone with whom the offender shares a child, or someone who lives with the offender - result in any type of injury, large or small, the perpetrator may be punished with a $10,000 fine, up to 10 years in prison or, in some cases, both. If the incident does not result in injury, it will be treated in the same way as any other assault or battery case - the exception is if this is a second or subsequent conviction for domestic violence; the latter becomes a felony.

What Is Battery In Idaho?

Conversely, the offence of battery in Idaho involves physical contact - common examples include striking another person, or intentionally inflicting an injury to another person. It is important to note that grabbing someone, or tearing their clothing in a rage could also count as battery, as the clothing is then considered an extension of the person.

What Are The Punishments For Assault And Battery In Idaho?

If you are convicted of an assault, you may face a number of possible punishments:

The more serious nature of the offence of battery means that the penalties are also higher:

Up to six months in jail, a $1000 fine, or both
Up to one year in jail, a $1000 fine, or both - this occurs if the victim is pregnant and the assailant was aware of this, or if this is a second conviction for domestic violence
Up to six months probations
Restitution

What Is Restitution?

Restitution involves the assailant offering financial reimbursement to the victim, to cover any expenses which may have arisen as a result of the crime, for example, counseling or medical costs.

What Is Probation?

Probation is one possible punishment which may be handed down for a battery or assault conviction – this is an alternative to jail time, either for the entire sentence, or after some of the sentence has been serviced in jail. Some judges will impose a combination of both. In order to satisfy the requirements of their probation, the offender has a number of considerations to meet, as set by the court, including:

Failure to meet these conditions may result in arrest, and a requirement to serve the remainder of the term in jail.

What Are “Special Victims?”

Idaho also offers special consideration for certain victims, provided that the assailant knew, or had reason to know, the employment status of the victim. There are two main statuses here: the first includes victims include firefighters, public defenders, district attorney,
emergency services medical personnel, or a Department of Health and Welfare caseworker or social worker. Assaults against these individuals will result in double the normal penalties, or additional penalties for the perpetrator.

The second category includes professionals such as law enforcement, judges, a corrections officer or correctional facility employee, or a juvenile or misdemeanor probation officer, as a result of action taken by the victim in performance of his duties, or as a result of the employment status of the victim. In this case, the offender may be subject to up to five years in jail, and convicted of a felony.

Police officers are another type of special victim; an assailant whose assault or battery consists of offensive touching of a police officer will also receive double penalties, as well as up to five years in jail.

How Can We Help?

Both assault and battery are two convictions you do not want on your record – they have the potential to follow you for years. Ensure that you have the best representation by opting for experienced, qualified attorneys – get in touch now to see how we could help!

Suitable Subheading

The crime of assault in Idaho is defined as being an attempt to cause a physical injury to another person, using a hand or an object, but missing - that is, the blow does not make contact. In addition, assault can also be classified as any intentional action, or a threat of an action, which reasonably causes a person to fear impending violence - for example, threatening to beat someone up, when the assailant realistically has the ability to carry out the threat, and the victim reasonable believes they will be struck or injured.