Our Idaho Law Firm Builds a Strong Defense in Your Assault and Battery Case
Aggressive counsel to fight accusations of violent crimes in Boise and Nampa
Simple assault and battery crimes are misdemeanors, but they can be upgraded to felony aggravated crimes under certain conditions. Related crimes, such as domestic violence and rape, may result in harsher penalties.
Gulstrom & Govia was founded in 2001 to advocate for the constitutional rights of individuals throughout Boise and Nampa who face criminal prosecution. Your rights are vital and vulnerable if you stand accused of a violent crime, such as domestic violence, child abuse, sex crimes, assault or battery, which may involve collection of DNA evidence, fingerprints and the alleged victim’s testimony.
Prosecution’s burden in a battery charge
The prosecution must show beyond a reasonable doubt that your actions meet every element of battery to convict you of the crime. To meet this burden under Idaho Statute 18-903, the state attorney must prove that you are guilty of one or more of the following acts:
- Use of willful and unlawful force or violence on another person’s body
- Intentional and unlawful touching or striking of another person against the will of the other
- Unlawful and intentional harm to another person’s body
The state is likely to charge you with felony aggravated battery if prosecutors can prove that while committing the battery you:
- Caused great bodily harm or permanent disability or disfigurement
- Used a deadly weapon or instrument
- Used vitriol, corrosive acid or a caustic chemical
- Used poison or another noxious or destructive substance or liquid
- Caused great bodily harm or permanent disability or disfigurement to the embryo or fetus of a pregnant woman
Proving elements of an assault
To prevail on an assault charge, the prosecution must prove every element of the crime under Idaho Statute 18-902 — that you attempted or threatened to commit a violent act against another person, which you can commit the violence and that the victim feared that violence was imminent.
The charges may be upgraded to felony aggravated assault if the state can prove that the assault was committed with:
- A deadly weapon or instrument without intent to kill — for example, assault with an unloaded firearm
- Force likely to produce great bodily harm
- A corrosive acid, caustic chemical or vitriol
Get the aggressive representation you need to defend your rights against assault or battery charges in Idaho courts
If you have been accused of assault, battery or another violent crime, Gulstrom & Govia fights hard to protect your rights in the criminal justice system.
To schedule your free consultation, contact us online or call 208-546-9933.