A Boise dispute can turn into an arrest fast. One 911 call and you may be facing assault charges, battery charges, or aggravated assault charges in Ada County.
John Malek Law Group defends people accused of assault and battery, including aggravated assault and aggravated battery. We fight hard, stay approachable, and put clients first.
For a free consultation, call 208-747-0053.
Idaho assault and battery law
Idaho law treats assault and battery as different offenses. An assault charge can be filed without physical contact. Idaho’s assault definition includes an unlawful attempt, with apparent ability, to commit a violent injury. It also includes an intentional threat, with apparent ability, plus an act that creates a well-founded fear that violence is imminent.
Battery focuses on force. Idaho’s battery definitions include willful unlawful force or violence, unlawful touching or striking, or intentionally causing bodily harm.
Aggravated assault and aggravated battery
Some Boise assault cases are charged as aggravated assault. Idaho law lists aggravated assault when an assault involves a deadly weapon or instrument, when it is committed by means or force likely to produce great bodily harm, and in certain cases involving corrosive substances.
Aggravated battery is a separate felony. It can involve a battery that causes great bodily harm, permanent disability, or permanent disfigurement. It can also involve the use of a deadly weapon or certain harmful substances.
Penalties and sentence enhancements
These cases can carry jail or prison time, probation, and a record that can affect work, housing, and family life. Idaho courts have explained that aggravated assault is punishable by up to five years in prison.
In some cases, the State alleges sentence enhancements. Idaho courts have discussed an enhancement law that can add up to fifteen years beyond the normal maximum for certain offenses, including aggravated assault, when a firearm or other deadly weapon was displayed or used.
The alleged victim can also change the stakes. Idaho courts have recognized that, in some situations, the maximum punishment for an assault can be doubled when the defendant knew or had reason to know the person was a law enforcement officer.
We do not promise outcomes. We prepare, we push back, and we keep you informed.
What to expect after an arrest in Boise
Boise is in the Fourth Judicial District, which includes Ada County.
Idaho Criminal Rule 5 says you must be taken before a magistrate without unreasonable delay, and the delay generally cannot exceed 24 hours after arrest, excluding weekends and holidays. At the initial appearance, the court advises you of the charge, bail, and counsel rights, then sets bail.
For some warrantless arrests, Rule 5 requires a probable cause hearing within 48 hours after the arrest.
For felony charges, Idaho Criminal Rule 5.1 gives a defendant charged by complaint the right to a preliminary hearing unless indicted by a grand jury. If the hearing is not waived, the magistrate must schedule it no later than 14 days after the initial appearance for an in-custody defendant, or 21 days after the initial appearance if the defendant is not in custody.
Once the prosecutor files an information in district court, Idaho Criminal Rule 10 requires an arraignment within 30 days after the information is filed. The defendant must appear in person, and the court takes a plea.
Idaho Criminal Rule 46.2 covers no contact orders issued under Idaho Code section 18-920. The order must use a Supreme Court form. If an order is issued when you were not present, the rule allows a request for a hearing within seven days of service, and the court must hold a hearing within fourteen days after the request is filed.
How John Malek Law Group helps
Assault and battery cases often turn on quick moments and conflicting stories. We dig in early and build a plan you can understand.
Our Boise assault defense services include:
- Explaining the charge and what the State must prove
- Fast help with bond issues and no contact order hearings under Rule 46.2
- Investigating witnesses, video, photos, and digital evidence
- Filing motions to challenge unlawful searches or unreliable statements
- Negotiation and trial preparation focused on your goals and the facts
FAQs about Boise assault and battery charges
These matters fall under our Boise violent crimes practice.
