Wednesday, January 26, 2011

Boise Criminal Attorney Discusses the Difference Between Assault and Battery

As a Boise Criminal Attorney I often get asked what the difference between assault and battery is. Assault as defined by the Idaho Code is when a person has the ability and tries to harm another or a person intentionally threatens to do harm, coupled with the ability to do that harm. Battery is the unlawful use of force or violence against another, actual, intentional and unlawful touching of another or intentionally causing bodily harm to another.

So what does all that mean? To lawyers and to attorneys and to you it means the difference between up to a $1000 fine and/or up to 3 months in jail (assault) and up to a $1000 fine and/or up to six months in jail (battery), unless you commit battery against a pregnant woman. If you batter a pregnant woman (you have to know she is pregnant) then you can be put in jail for up to one year.

To lawyers and attorneys it also means, did you touch the person or not? Assault is the threat of harm and battery is the actual touching. As a Boise Criminal Attorney people often ask me why they have been charged with both crimes. Assault is the lessor offense and if you have actually unlawfully touched another you will be charged with both crimes just in case the evidence of the battery is not sufficient to convict you.

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