What's the difference between and assault and battery in Idaho

 ASSAULT V. BATTERY? What's the difference? 

Shouse Law Group

by Travis Rice

What's the difference between an assault and a battery under the law? Idaho Code 18-901 and Idaho Code 18-903 define these two crimes. 

An assault is found in Idaho Code 18-901...

An assault is "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 to do violence to the person of another, coupled with apparent ability to do so, and doing some act which creates a well founded fear in such other person that such violence is imminent." 

A battery is "any willful and unlawful use of force or violence upon the person of another; or actual. intentional and unlawful touching striking of another person against the will of the other or unlawfully and intentionally causing bodily harm to an individual."

The biggest difference is that battery's involve striking or touching another person. An assault only requires a threat of violence or an attempt to commit a battery upon another person. This means, be careful what you saw and how you say it. You could need to find a good attorney to fight your assault case. 

A common reduction of both battery and assault is the crime of disturbing the peace. Most of the time an ethical prosecutor will consider reducing these charges to lower misdemeanors. This is especially true if you take an anger management class before hand.   

If you need someone to represent you on either a battery or an assault case. Travis Rice Attorney at Law in Caldwell can help. Please visit the website for more details. Click here to visit Travis Rice's website