Idaho Battery | Your Idaho Criminal Defense
Idaho Battery
Pursuant to IIdaho Code §18-903, battery is the intentional touching of another against their will. A common misconception is that this touching must cause harm of some sort—this is not the case! You can be charged and convicted of battery by simply poking or pinching another. As ridiculous as this may seem, I have seen charges of battery stemming from a slight push, kicking sand, and spraying water.
The law covers a wide range of conduct: everything from a slap, punch, or kick to more surprising scenarios. For example, in one Idaho case, a woman in a hospital pulled out her IV line and flung it toward a doctor. While the IV itself didn't hit the doctor, blood and fluid from the line did, and that was enough for a battery conviction (*State v. Nuse, 163 Idaho 262, 409 P.3d 842 (Ct. App. 2017)).
Battery is also a misdemeanor and is punishable by up to 6 months in jail and a $1,000 fine.
Penalties for Misdemeanor Battery in Idaho
A conviction for misdemeanor battery in Idaho can come with some real consequences. Under Idaho law, this offense is generally classified as a misdemeanor, not a felony—but that doesn't mean the penalties are light.
If convicted, you could face:
- Up to six (6) months in jail
- A fine of up to $1,000
- Or both jail time and a fine
Even though these penalties might not seem hefty compared to some felony-level crimes, having a battery conviction on your record can still affect employment opportunities, housing, and more down the road. And as we touched on above, even minor contacts—like a poke or a splash of water—can land you with this charge if it's intentional and unwanted.
Aggravated Battery
A battery that:
- causes great bodily harm, permanent disability or permanent disfigurement; or
- uses a deadly weapon or instrument; or
- uses any vitriol, corrosive acid, or a caustic chemical of any nature; or
- uses any poison or other noxious or destructive substance or liquid; or
- upon the person of a pregnant female, causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.
An aggravated battery is a felony and is punishable by imprisonment in the state prison not to exceed fifteen (15) years and a $50,000 thousand dollar fine.
Enhancements for Aggravated Battery
Much like aggravated assault, aggravated battery penalties can be enhanced under Idaho law. If a deadly weapon is involved, the maximum sentence can increase by up to fifteen (15) years, making the potential penalty up to thirty (30) years in prison. Repeat felony offenders may also be subject to more severe sentencing under the state's habitual offender statutes.
See: Idaho Code §18-905, Idaho Code §18-906, Idaho Code §18-907, Idaho Code §18-908.
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If you are charged with battery, your freedom and your future are on the line! Let us fight to protect your rights and keep you out of jail!
