The difference between a simple Battery (misdemeanor) and an Aggravated Battery (felony) is significant. A simple battery (misdemeanor) is when a person either
(a) willfully and unlawfully uses force or violence upon the person of another; or
(b) actually, intentionally, and unlawfully touches or strikes another person against their will; or
(c) unlawfully and intentionally causes bodily harm to another person. (See Idaho Code § 18-903).
An Aggravated Battery occurs when a person, while committing a battery as defined above:
- 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.
(See Idaho Code § 18-907).
An Aggravated Battery carries with it up to fifteen (15) years in the state prison, and a fine of up to $50,000.00. (See Idaho Codes §§ 18-908 and 18-112A). Additionally, a conviction for Aggravated Battery 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 Battery, you are facing a very serious felony and 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.