What is misdemeanor assault?
The first definition defines assault as “an unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another. . .”. Idaho Code § 18-901(a). In plain English, an assault as defined here is an attempt to injure someone violently.
The second definition defines assault as an “intentional, unlawful threat by word or
So assault under Idaho law is either an attempt to hurt someone or a threat to do the same. The prosecutor can choose to bring the charge using either definition.
What can happen to me if I’m found guilty?
If you plead guilty, or are found guilty of the charge of misdemeanor assault, you could face as a punishment a fine of up to $1,000 and up to three months in the county jail. Additionally, you could be placed on a period of probation and be required to participate in court-ordered classes, for example
What can I do? What are my rights?
Common defenses to the charge of misdemeanor assault include self-defense, defense of others, defense of property, and consent of the alleged victim, etc.
The State must prove every element of the charge of misdemeanor assault beyond a reasonable doubt. If the state fails to
You have a right to a jury trial and to confront your accusers. Also, you have the
What can an Attorney for me?
As your attorney, I will present your evidence and arguments to the prosecuting attorney, in an attempt to resolve your case with the prosecutor. These resolutions can include reduced charges, reduced penalties, and even dismissals. Of course, the decision whether to accept any settlement is ultimately up to you.
I will have access to every piece of evidence that the state is going to present at trial. Under certain circumstances, I will make motions to the court to order the evidence to be held inadmissible. If the court rules in my favor, the state would not be allowed to use that evidence at trial.
What should I do?
Call our Criminal Defense Attorney today and schedule a consultation. (208) 571-0627. My staff will make sure that you are sitting in my office within 24 hours. Do not wait to call. The court sets specific deadlines, and if you miss those deadlines, your odds of success diminish. If you merely have an inquiry, then please email me. My email address is email@example.com. Or submit your online question through this webpage.