Aggravated Assault Lawyers in Idaho - Section 18-905, 18-915 Idaho Code Rules

18-905. Aggravated Assault Defined 

Aggravated assault refers to an assault that involves one of the following circumstances: 

(a) the use of a deadly weapon or instrument without the intent to kill; 

(b) the use of any means or force that is likely to cause serious bodily harm; 

(c) the use of vitriol, corrosive acid, or any caustic chemical; or 

(d) the use of a firearm, regardless of whether it is unloaded or defective to the point of being inoperable.

Section 18-915. Assault or Battery upon Certain Personnel — Punishment

(1) Any individual who commits a crime against or upon certain personnel specified in this chapter shall be subject to the following penalties: a justice, judge, magistrate, prosecuting attorney, public defender, peace officer, bailiff, marshal, sheriff, police officer, peace officer standards and training employee involved in peace officer decertification activities, emergency services dispatcher, correctional officer, employee of the department of correction, employee of a private prison contractor while employed at a private correctional facility in the state of Idaho, members or employees of the commission of pardons and parole, employees of the department of water resources authorized to enforce the provisions of chapter 38, title 42, Idaho Code, employees of the department of parks and recreation authorized to enforce the provisions of chapter 42, title 67, Idaho Code, employees of a public utility as described in section 61-129, Idaho Code, including any employee of a consumer-owned utility, jailer, parole officer, misdemeanor probation officer, officer of the Idaho state police, fireman, social caseworkers or social work specialists of the department of health and welfare, employee of a state secure confinement facility for juveniles, employee of a juvenile detention facility, a teacher at a detention facility or a juvenile probation officer, emergency medical services personnel licensed under the provisions of chapter 10, title 56, Idaho Code, a member, employee or agent of the state tax commission, United States marshal, or federally commissioned law enforcement officer or their deputies or agents, and the perpetrator knows or has reason to know of the victim’s status.

(a) Battery with intent to commit a serious felony shall be punishable by imprisonment in the state prison for up to twenty-five (25) years.

(b) Any other crime in this chapter shall carry a punishment that is double the penalty provided in the respective section, except as outlined in subsections (2) and (3) of this section.

(2) For committing a violation of section 18-901 or 18-903, Idaho Code, against a former or present justice, judge, magistrate, jailer, correctional officer, or other staff of the department of correction, county jail, private correctional facility, state secure confinement facility for juveniles, juvenile detention facility, teacher at a detention facility, misdemeanor probation officer, juvenile probation officer, or member or employee of the commission of pardons and parole:

(a) If the offense is committed due to the exercise of official duties or the victim's former or present official status, it shall be considered a felony punishable by imprisonment in a correctional facility for not more than five (5) years. The sentence shall be served consecutively to any currently served sentence.

(b) If the offense is committed while the victim is performing his or her duties, and the offender knows or should reasonably know that the victim is a justice, judge, magistrate, jailer, correctional officer, staff of the department of correction, private correctional facility employee, employee of a state secure confinement facility for juveniles, employee of a juvenile detention facility, teacher at a detention facility, misdemeanor probation officer, or juvenile probation officer, it shall be considered a felony punishable by imprisonment in a correctional facility for not more than five (5) years. The sentence shall be served consecutively to any currently served sentence.

(3) For committing a violation of section 18-903, Idaho Code, excluding unlawful touching as described in section 18-903(b), Idaho Code, against a former or present peace officer, sheriff, or police officer:

(a) If the offense is committed due to the exercise of official duty or the victim's former or present official status, it shall be considered a felony punishable by imprisonment in a correctional facility for not more than five (5) years. The sentence shall be served consecutively to any currently served sentence.

(b) If the offense is committed while the victim is performing his or her duties, and the offender knows or should reasonably know that the victim is a peace officer, sheriff, or police officer, it shall be considered a felony punishable by imprisonment in a correctional facility for not more than five (5) years. The sentence shall be served consecutively to any currently served sentence.

Defend Your Rights with Our Expert Aggravated Assault Lawyer

Aggravated assault charges are serious, often resulting in severe penalties if convicted. It's critical to have an aggravated assault lawyer who knows how to effectively challenge the prosecution's case. Our seasoned legal team has a track record of success in defending clients against such charges. Our mission is to uphold your rights and work tirelessly in seeking the best possible outcome for your case.

Navigate the Legal Labyrinth with Confidence

Facing the legal system can be intimidating, especially when dealing with a charge as critical as aggravated assault. Our experienced lawyers can help you understand Idaho Code sections 18-905 and 18-915, breaking down the legal jargon and processes to ensure you're not left in the dark. We're committed to making the legal process less stressful and more manageable for you.

Fear Not The Judgment of Society

At Sawtooth Defense Lawyers, we realize that legal battles aren't just fought in courtrooms but also in the court of public opinion. The fear of being judged by society can be overwhelming. However, we believe in your right to a fair defense, free from prejudice. Our Aggravated Assault lawyer will handle your case with the utmost sensitivity and discretion, protecting your reputation throughout the legal process.