Assault & Battery Defense in Boise & the Treasure Valley
Assault, battery, and other violent crime charges can carry decades behind bars. We bring over 40 years of combined defense experience to protect your rights and challenge the prosecution's case.
Past results do not guarantee future outcomes. Every case is unique.
"These guys are the real deal. They know the courtroom inside and out. Worth every penny."
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Idaho law draws a clear distinction between assault and battery: two charges that are often misunderstood as the same offense. Under Idaho Code § 18-901, assault is defined as an unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another, or an intentional, unlawful threat by word or act that creates a well-founded fear of imminent violence in the mind of another person. No physical contact is required for an assault charge.
Battery, defined under Idaho Code § 18-903, is the actual, unlawful use of force or violence upon the person of another. This means any willful and unlawful touching or striking, or the willful application of force that results in physical harm. The key distinction is that assault involves the threat or attempt, while battery involves actual physical contact.
Simple assault is classified as a misdemeanor in Idaho, carrying penalties of up to 3 months in county jail and a fine of up to $1,000. Simple battery is also a misdemeanor, but carries harsher penalties: up to 6 months in jail and a $1,000 fine. When these offenses involve a deadly weapon or result in serious bodily harm, the charges escalate significantly.
Aggravated assault (Idaho Code § 18-905) and aggravated battery (Idaho Code § 18-907) are felonies. Aggravated assault involves the use of a deadly weapon or instrument, or assault committed with intent to commit a serious felony. Aggravated battery involves great bodily harm, permanent disfigurement, or use of a deadly weapon or poison. These felony charges carry years in state prison and life-altering consequences.
Idaho law also recognizes self-defense as an affirmative defense. If you reasonably believed that force was necessary to protect yourself or another person from imminent bodily harm, self-defense may apply. Idaho is a Stand Your Ground state, meaning you have no duty to retreat before using proportionate force. Building a strong self-defense case requires immediate action and experienced legal counsel.
If you are facing assault or battery charges in Idaho, do not wait to seek legal counsel. Call us at (208) 336-3600 today.
In Idaho, assault and battery charges can escalate from misdemeanor to felony based on the circumstances, the weapon involved, the severity of injuries, and the identity of the alleged victim. Early intervention by an experienced defense attorney can make the difference between freedom and prison. Contact Idaho Defense Firm now.
The penalties for assault and battery in Idaho vary widely depending on the severity of the offense, the presence of a weapon, the extent of injuries, and the identity of the alleged victim. Understanding the full range of consequences is essential when building your defense.
Simple Assault (Misdemeanor): A conviction for simple assault under Idaho Code § 18-901 carries up to 3 months in county jail and a fine of up to $1,000. While classified as a misdemeanor, an assault conviction still creates a criminal record that can impact employment, housing, and professional licensing opportunities.
Simple Battery (Misdemeanor): Simple battery under Idaho Code § 18-903 carries up to 6 months in county jail and a fine of up to $1,000. Battery is treated more seriously than assault because it involves actual physical contact or harm. Courts may also impose probation, anger management classes, and restitution payments to the alleged victim.
Aggravated Assault (Felony): Under Idaho Code § 18-905, aggravated assault is a felony carrying up to 5 years in state prison and a fine of up to $5,000. This charge applies when the assault involves a deadly weapon or instrument, or when it is committed with the intent to commit a serious felony such as murder, robbery, or rape. A conviction results in a permanent felony record and loss of firearm rights.
Aggravated Battery (Felony): Aggravated battery under Idaho Code § 18-907 is one of the most serious violent crime charges in Idaho, carrying up to 15 years in state prison. This charge applies when the battery results in great bodily harm, permanent disability, or permanent disfigurement, or involves the use of a deadly weapon, instrument, or poison. Sentences at the upper end of this range are common when injuries are severe.
Battery on Law Enforcement: Battery committed against a law enforcement officer, firefighter, paramedic, or other specified public safety personnel is a felony under Idaho Code § 18-915, carrying up to 5 years in state prison. This charge applies even if the injuries to the officer are minor.
Beyond incarceration and fines, assault and battery convictions in Idaho can trigger restitution requirements: court-ordered payments to the alleged victim for medical bills, lost wages, and other damages. The court may also issue protective orders restricting your contact with the alleged victim. A felony conviction results in the loss of gun rights under both Idaho and federal law, which can have permanent consequences for Idaho residents who own firearms. If you are facing domestic violence allegations alongside assault charges, the consequences can compound significantly. Our attorneys, Randall Barnum and Shawn Wilkerson, have the trial experience to fight these charges effectively.
Talk directly with a senior criminal defense attorney about your assault or battery case.
Serious Defense. Real Experience.
Decades of defending clients against violent crime charges in Idaho courtrooms.
Attorney Wilkerson has ten years of trial experience handling felony assault and battery cases across multiple Idaho counties.
Attorney Wilkerson has argued before the Idaho Supreme Court and Court of Appeals, understanding how cases are reviewed on appeal.
Your case is handled personally by a senior attorney. No hand-offs, no associates.
Facing Assault & Battery charges? Get answers now.
Under Idaho law, assault and battery are two separate offenses. Assault (Idaho Code § 18-901) involves an unlawful attempt or threat to commit a violent injury on another person: no physical contact is required. It can be charged based on a threatening gesture, verbal threat accompanied by an act, or an attempted strike that misses. Battery (Idaho Code § 18-903) requires actual, unlawful physical contact: the use of force or violence upon another person. You can be charged with assault alone, battery alone, or both together depending on the circumstances. An experienced defense attorney can challenge whether the elements of each charge are actually supported by the evidence.
An assault or battery charge is elevated to "aggravated": and from a misdemeanor to a felony: under specific circumstances defined in Idaho Code § 18-905 and § 18-907. Aggravated assault involves the use of a deadly weapon or instrument during the assault, or is committed with the intent to commit a serious felony such as murder, rape, or robbery. Aggravated battery involves causing great bodily harm, permanent disability, or permanent disfigurement, or the use of a deadly weapon, instrument, or poison. Aggravated battery carries up to 15 years in state prison, making it one of the most serious violent crime charges in Idaho.
Yes. Idaho recognizes self-defense as a legal justification for the use of force. Under Idaho's self-defense laws, including the state's Stand Your Ground provision (Idaho Code § 18-4009), you have no duty to retreat before using force if you reasonably believe it is necessary to protect yourself or another person from imminent bodily harm. However, the force used must be proportionate to the threat: deadly force is only justified when you reasonably believe you are facing an imminent threat of death or serious bodily injury. A strong self-defense claim requires demonstrating that your belief of imminent harm was reasonable under the circumstances and that your response was proportionate.
A felony assault conviction in Idaho carries severe, long-lasting consequences. Depending on the specific charge, you could face up to 5 years in prison for aggravated assault or up to 15 years for aggravated battery. Beyond incarceration, a felony conviction results in a permanent criminal record, loss of the right to possess firearms under both state and federal law, difficulty finding employment, barriers to housing, loss of professional licenses, and potential impacts on child custody. Felony convictions cannot be easily expunged in Idaho. Early intervention by a criminal defense attorney is critical to fighting these charges or negotiating a reduced outcome.
A Career Dedicated to Criminal Defense
Attorney
With over 20 years of criminal defense experience, Attorney Barnum has defended clients facing the most serious violent crime charges in Idaho. His experience in both state and federal courts gives clients a distinct advantage when their freedom is on the line.
Attorney
Attorney Wilkerson brings over 15 years of criminal defense experience, including ten years handling felony and misdemeanor caseloads, including assault and battery cases. He has argued before the Idaho Supreme Court and Court of Appeals.
We handle a wide range of criminal defense cases across the Treasure Valley.
Call (208) 336-3600 to start your defense today. Your case is handled directly by a senior attorney, no hand-offs, no associates.
Real People. Real Cases. Real Results.
"These guys are the real deal. They know the courtroom inside and out. Worth every penny."
Dylan S.
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"Mr. Barnum's experience showed from day one. He was honest about my situation and delivered results beyond what I expected."
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"Randall got my felony charges dismissed completely. I owe this man my future. Hire this firm."
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Every criminal case is different. Contact Idaho Defense Firm to discuss your situation directly with a senior attorney. With over 40 years of combined criminal defense experience in Idaho's state and federal courts, we can help you understand your options and build a defense strategy tailored to your case.
