Assault & Battery Lawyer in Idaho Falls
Dedicated Idaho Falls Criminal Defense Attorney
Assault and battery are actually two different offenses that carry different penalties. Whether you are facing misdemeanor or felony charges related to assault or battery, you will need an effective defense strategy with the help of an Idaho Falls criminal defense lawyer from our firm. At the Cutler Law Office, P.A., we are licensed to practice in state and federal courts throughout Idaho. We have the ability to create a compelling defense on your behalf so that you can move forward quickly from this time in your life.
Just because you have been arrested or accused of committing assault or battery does not mean that you are a “bad” person. All people experience emotions of anger and fear, but they all act on these expressions of emotion in different ways. From acting out of self-defense or making one split-second mistake by acting out of aggression, there still may be a defense to any assault or battery charge.
What is the Difference Between Assault and Battery?
Assault is defined as an unlawful attempt, coupled with the apparent ability, to commit a violent injury on another person; or an intentional, unlawful threat to do violence to a person, coupled with the apparent ability to do so, and doing some act which creates a well-founded fear in such person that such violence is imminent.
What Are the Penalties for Assault?
Assault can be penalized by the following:
- Misdemeanor – up to 3 months in jail and/or a fine up to $1,000
- Felony – starts at up to 5 years in prison and/or up to a $5,000 fine Probation
- Payment of restitution
Battery is the willful and unlawful use of force or violence upon a person or another or the actual, intentional and unlawful touching or striking of another against their will or unlawfully and intentionally causing bodily harm to another. An aggravated battery usually involves the use of a weapon or causing great bodily harm.
What Are the Penalties for Battery?
Penalties for battery can include:
- Misdemeanor starts at up to 6 months in jail and/or up to a $1,000 fine
- Felony starts at up to 15 years in prison
- Payment of restitution to victims
Assault and battery penalties can be increased or decreased depending on certain circumstances as well. Depending on who the alleged victim was, such as a pregnant woman, minor under the age of 18, elderly person, law enforcement officer, or public defender, your penalties can be increased. In certain instances, your criminal history may play a part in either enhancing or decreasing the potential penalties.
Is Battery a Felony in Idaho?
Battery can be a felony if enough harm was caused. You can still cause this much harm even without a weapon and would be considered an aggravated battery. Aggravated battery is graded as a felony in Idaho, and is punishable by up to 15 years in prison and up to a $50,000 fine. Use of a deadly weapon in aggravated assault, aggravated battery, or a number of other crimes will enhance the maximum penalty by an additional 15 years. In other words, if a deadly weapon is used, aggravated assault is punishable by up to 20 years of incarceration, and aggravated battery by 30 years of incarceration.
Contact the Cutler Law Office, P.A. for Your Defense Strategy
At the Cutler Law Office, P.A., we take great pride in serving as your advocate during this time. From investigating the facts and creating a compelling argument on your behalf to addressing every matter in your case with wholehearted dedication to your best interests, you can rest assured that our firm can do whatever is necessary and within our ethical reach to defend you from serious charges and penalties.
Contact the Cutler Law Office, P.A. today to schedule a case evaluation.