People seldom understand the laws pertaining to assault and battery charges. For example, few realize that, even if there was no actual physical contact, you can still be charged for an assault.

We can help you understand the law and vigorously defend you from assault and battery charges.

Assault and Battery

A battery is, essentially, the “willful use of force or violence upon another.” This means any physical contact with another person to which that other person has not consented. An assault is basically an attempt at a battery. The terms assault and battery often go together, but not always.

There are several different types of assault and battery charges in Idaho law:

  • Simple Battery
  • Sexual Battery
  • Assault with Deadly Weapon
  • Battery on a Spouse or Girlfriend/Boyfriend or family member

Defense against Assault and Battery Charges

We have successfully represented many people charged with assault and/or battery. After examining your case, we can propose many different types of defense, including:

  • Lack of intent, such as an accident. The crime of battery requires that the defendant actually intended to commit a ‘wilful and unlawful use of force or violence upon the person of another.’ If the injuries were made by accident, it does not qualify.
  • Self defense. It is not assault and battery if you were simply defending yourself from an attack.
  • Defense of other people or defense of property. Similarly, it does not qualify as battery if the physical contact were made against someone trying to attack other people or property.

An important factor in any assault and battery defense is the extent of the injury. If the alleged victim has slight or no injury, it most often is charged as a misdemeanor. If significant injury occurs, such as cuts requiring stitches or broken bones, then the offense can be charged as a felony.