The difference between a simple Assault (misdemeanor) and an Aggravated Assault (felony) is significant. A simple assault (misdemeanor) is when either an attempt to commit a violent injury on a person is made or when a threat by word or act to do violence on another person is made and that other person had a well-founded fear that the violence was imminent.(See Idaho Code § 18-901)
An Aggravated Assault occurs when a person commits a simple assault
(a) with a deadly weapon or instrument without the intent to kill the other person,
(b) by any means or force likely to produce great bodily harm, or
(c) with any vitriol, corrosive acid, or a caustic chemical of any kind.
It should be noted that a “deadly weapon or instrument” does not have to be a firearm, but for the purpose of this definition, it includes any firearm whether loaded or unloaded and even whether it is so defective that it cannot be fired.(See Idaho Code § 18-905).
An Aggravated Assault carries with it up to five (5) years in the state prison, a fine not exceeding $5,000.00, or both fine and imprisonment. Additionally, a conviction for Aggravated Assault could result in a separate fine imposed by the court in an amount not to exceed $5,000.00 as a civil judgment on behalf of any alleged victim named in the indictment or information.(See Idaho Code § 19-5307).
If you are facing charges of an Aggravated Assault, you need an experienced criminal defense attorney to answer your questions and help you navigate the complicated procedure of criminal hearings leading up to a jury trial. At Jacques Law, attorney Michael Jacques works hard at understanding and meeting the needs of our clients and ensuring that the resolution reached through the criminal justice system is appropriate under the circumstances of each particular case. We fight aggressively to protect your rights and defend you against any charges from the State.