Aggravated Battery

What is Aggravated Battery?

The definition of battery in an aggravated battery charge is identical to the definition of battery in a simple battery charge.  Click on the link to read the definition of a battery.  What makes an aggravated battery a felony are additional aggravating factors.  In Idaho there are five factors that turn a misdemeanor battery into a felony battery.

The first factor that can make a battery an aggravated battery is when the battery causes “great bodily harm, permanent disability or permanent disfigurement.”  Idaho Code § 18-907(1)(a).  For example, if due to the battery the victim hit their head, and permanent brain damage occurred, the charge could be amended to a felony.

The second factor that can make a battery an aggravated battery is when the person committing the battery “[u]ses a deadly weapon or instrument. . .”.  Idaho Code § 18-907(1)(b).  Examples of deadly weapons include baseball bats, knives, billy clubs, brass knuckles, and of course guns and firearms.

The third factor that can make a battery an aggravated battery when when the person committing the battery uses “any vitriol, corrosive acid, or a caustic substance or liquid.”  Idaho Code 18-907(1)(c).  An obvious example would be throwing acid in someone’s face.

The fourth factor that can make a battery an aggravated battery is when the person committing the battery uses any “poison or other noxious or destructive substance or liquid.”  Idaho Code 18-907(1)(d).  This factor speaks for itself.

And the last factor that can make a battery into an aggravated battery is when the battery is upon a pregnant female, and it causes “great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.”  Idaho Code 18-907(1)(e).  If you batter a pregnant woman, and her unborn child is seriously injured, then you could face felony charges.

What can happen to me if I’m found guilty?

If you plead guilty to, or are found guilty of an aggravated battery, you could face up to fifteen years in an Idaho State prison.  Additionally, you would lose many of your civil liberties, such as your right to keep and bear firearms, your right to vote, your right to hold public office, your right to sit on a jury, among other rights.  If you are placed on felony supervised probation, you would probably lose your fourth amendment right to be free from unreasonable searches and seizures.  What that means is the police could search you, your car, your house, your belongings, any time they want.  They would not need a warrant, and they would not even need probable cause.  Your ability find employment would likely be hindered by a felony conviction.

What can I do?  What are my rights?

Common defenses to the charge of aggravated battery include self defense, defense of others, defense of property, and consent of the alleged victim, among other defenses.

It must always be remembered that the State must prove each and every element of the charge of aggravated assault beyond a reasonable doubt.  If the state fails to prove just one of the elements beyond a reasonable doubt, then the Jury has no choice but to find you not guilty of the charge of misdemeanor assault.  You have a right to a jury trial.  You have a right to confront your accusers.  You have a call your own witnesses, and even subpoena reluctant witnesses to appear in court.  You will not be required to testify yourself.  You have a right to remain silent throughout the entire proceeding.  The jury will be instructed by the judge that they are not to speculate or form any conclusions as to why you may have chosen not to take the stand.  Of course you also have a right to speak if you wish, and tell the jury your side of the story.

As your attorney I will of course be given an opportunity prior to trial to 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 resolution is ultimately up to you.

I will also be given 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.  This means that should the court rule in my favor, the state would not be allowed to use that evidence at trial.

What should I do?

Call me today and schedule a free 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 certain deadlines, and your odds of success could be severely hampered should you miss those deadlines.  If you merely have an inquiry, then please email me.  My email address is  Or submit an online inquiry through this webpage.