What Is the Difference Between Assault and Battery in Idaho?

Understanding Criminal Charges Related to Assault and Battery

While assault and battery are frequently used interchangeably, they actually refer to two distinct legal charges. You can be charged with one or both, depending on the circumstances of the case. In order to understand the charges and your rights, you need to speak to an experienced criminal defense lawyer.

At Jacques Law, we represent individuals who have been arrested for assault and battery crimes throughout Boise and the surrounding areas. Our lawyers are well-versed in handling serious charges and fighting for the rights of our clients. If you have been charged with assault, battery, or a similar offense, contact our office to schedule a free initial case consultation. 

What Is Assault?

According to the Idaho Statutes Section 18-901, assault is any attempt to commit a violent injury to another person. The attempt must be coupled with the “apparent ability” to inflict the harm. A person may also be charged with assault if they make an intentional and unlawful threat by word or by action to inflict violence on another person. Again, they must have the “apparent ability” to inflict the harm, and the threat must create a “well-founded fear” that the violence is imminent. 

What Is Battery?

Pursuant to the Idaho Statutes Section 18-903, a battery includes any “willful and unlawful use of force or violence” upon another person. It may also include any touching or striking that is inflicted on another person and is against their will or the unlawful and intentional infliction of bodily harm to someone else. 

What Is the Difference Between Assault and Battery?

Assault and battery are two distinct legal terms as defined by the Idaho Statutes. Assault is a lesser offense that is limited to the threat of violence. Battery, on the other hand, involves a physical act of violence or intentional, unwanted touching of another person. 

What Are the Penalties for Assault and Battery?

The penalties for assault and battery depend on the circumstances of the case, including whether this is a second or subsequent offense or if there are aggravating factors.

Penalties for assault and battery in Idaho:

• Assault - The penalties for a first-offense assault charge include a fine not to exceed $1,000 and imprisonment in county jail of up to three (3) months, or both.
  
• Battery - A first-offense battery charge may be penalized by a fine not to exceed $1,000 and imprisonment in the county jail for up to six (6) months or both. However, if, at the time of the battery, the perpetrator knows that the victim is pregnant, the penalty may include a fine of up to $1,000 and a sentence of up to one (1) year in county jail or both. 

If you are arrested for assault or battery in Boise, you need to speak with an attorney. An arrest for a criminal offense does not have to mean a conviction. 

Arrested for a Crime in Boise? Contact Our Office. 

Were you arrested for an assaultive offense in Boise, ID? Contact our office to speak directly with a criminal defense attorney. Our lawyers will help you understand your rights and determine the best course of action for fighting the charges. Call now to get started.