Many simple assaults go unreported. Simple assaults are governed by Idaho Code section 18-901(a) of the Idaho Code. It defines an assault in two ways. Section (a) defines an assault as follows: “An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another.” What that means is that an assault is an attempt to injure somebody through a violent act. Section (b) of the statute gets a bit more specific. It defines an assault as “An intentional, unlawful threat by word or act to do violence to the person of another, coupled with the apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” Part (b) of the statute involves a threat to injure somebody who reasonably believes that the threat is about to be carried out. The prosecution can bring an assault case under either section (a), section (b) or both.
Simple Assault Penalties
Simple assault is a misdemeanor. Anybody who pleads guilty to or is found guilty of simple assault in Idaho faces up to three months in a county jail and a fine not to exceed $1,000. They might also be ordered to successfully complete an anger management program.
Aggravated Assault
An aggravated assault charge incorporates the elements of an assault, but here’s how it becomes aggravated under Idaho Code section 18-905:
- A deadly weapon is used without the intent to intent to kill.
- A means or force is used that’s likely to result in great bodily harm.
- When a vitriol, corrosive acid or caustic chemical is used
- When a poisonous or noxious substance is involved
Aggravated Assault Penalties
A person who pleads guilty to or is found guilty of aggravated assault in Idaho can be sentenced to prison for up to five years and be ordered to pay a fine not to exceed $5,000. In the event of an aggravated assault conviction, it’s highly likely that successful completion of an anger management program will be part of the sentencing order.
Coeur d’Alene Assault Charge Defense Lawyer
Don’t try to represent yourself in an assault case. A conviction on even a simple assault charge can follow you around for the rest of your life. It could interfere with employment, educational and housing opportunities. There are defenses to both simple and aggravated assault charges. If you retain us to represent you in your assault case, we’re going to examine and weigh the facts of your case carefully. After that, you’ll be advised of your of your full range of legal options. If you’re under investigation for an assault or charged with an assault anywhere in or around Coeur d’Alene, don’t give the police any type of a statement or confession. Politely refuse to answer any questions at all, and insist on calling us.
