Simple Battery

What is simple battery?

Simple Battery, also known as Misdemeanor battery, has three definitions under Idaho law.

The first definition of misdemeanor battery is any “[w]illful and unlawful use of force or violence upon the person of another. . .”.  Idaho Code § 18-903(a).  Quite simply battery as defined here is using force or violence against someone.

The second definition of misdemeanor battery is any “[a]ctual, intentional and unlawful touching or striking of another person against the will of the other. . .”.  Idaho Code § 18-903(b).  In other words, if you touch or strike someone, and they didn’t want you to, then you have committed a battery.

And finally the third definition of a misdemeanor battery in Idaho is “[u]unlawfully and intentionally causing bodily harm to an individual.”  This means that if you do something that causes someone to get hurt, and you meant to do it, then you have committed a battery.

The prosecutor is free to charge you under one or all of these definitions.

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

If you plead guilty to, or are found guilty of the charge of misdemeanor battery, you could face as a punishment up to $1,000 fine and up to six months in the county jail.  If the victim was pregnant, you could face up to year in the county jail.

What can I do?  What are my rights?

Common defenses to the charge of misdemeanor 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 misdemeanor 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.