Boise and Nampa’s criminal lawyer helps those charged with a crime prepare the best defense
Boise and Nampa’s criminal lawyer says there are two most common violent crime types in Idaho, that is, assault and battery. But unknown to many, assault and battery are distinct crimes with varying elements, punishments, and defenses. In Idaho, both crimes can be graded as a misdemeanor or felony depending on the circumstances.
What is Assault?
It is the crime of threatening or attempting to injure another person. You must have the apparent ability to commit assault. Therefore, if a six-year-old threatens to beat up the Rock, that’s likely not assault. Assaults also have a time component. Threatening to hurt someone a week from now is not assault. A threat has to be impending. Assault is generally graded as a misdemeanor in Idaho and punishable by up to three months of incarceration and a $1000 fine.
What is Battery?
It is the crime of touching, striking, or causing harm to another person. There is a broad range of acts that constitute a battery. Apparent ones that qualify for battery include kicking, punching, and slapping. Battery is graded as a misdemeanor in Idaho and punishable by up to six months of incarceration and a $1000 fine.
Aggravated Assault
It is the crime of assault done with a deadly weapon or some other means likely to produce great bodily harm, such as corrosive or caustic chemicals. Similar elements of threat or attempt from regular assault apply. A good example of aggravated assault is a threat made by pointing a gun at another person. That means a weapon is not necessary for an aggravated assault conviction. Instead, the attempt or threat must be likely to cause great bodily harm. A criminal defense lawyer can help differentiate between misdemeanor assault, other misdemeanor gun crimes, and felony aggravated assault. Aggravated Assault is graded as a felony in Idaho, punishable by up to five years incarceration and a $5000 fine.
Aggravated Battery
It is the crime of battery done using a deadly weapon to cause great bodily harm, permanent disfigurement, with corrosive or caustic chemicals, or against a pregnant woman with serious harm to the child. Shootings and attacks with bats, knives, and other weapons all qualify as aggravated battery. Note that an attack without a weapon can be aggravated battery if enough harm is caused. Aggravated battery is graded as a felony in Idaho, and is punishable by up to 15 years incarceration and a $50000 fine.
Enhancements
Certain criminal acts can be enhanced depending on the specific facts of the case. The three strikes law in Idaho mandates a minimum sentence for third time felony offenders of 5 years incarceration and a maximum of life. Additionally, when a deadly weapon is used, aggravated assault is punishable by 20 years’ incarceration and aggravated battery by 30 years’ incarceration.
Choose Boise and Nampa’s best criminal lawyer
Charges of battery and assault result from incidences where people couldn’t keep their cool and overreacted to tense situations. It only takes a few seconds to possibly ruin your life. But working with Boise and Nampa’s best criminal lawyer can foster favorable results. Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started. For a free 30-minute consultation, book here: https://calendly.com/jfj-1