The phrase “assault and battery” is so often repeated (especially on television) that most people think it’s one crime rolled together – but that isn’t how things work in Idaho.
Assault and battery are actually two different crimes. Understanding the difference can help you stay out of trouble – or at least know why you’re being charged with one or more offenses.
What’s assault?
An assault is either a threat (by word or deed) or an attempt to commit violence upon another person, so long as you have the apparent ability to do so. In addition, your actions have to create a “well-founded fear” that the violence is immediately approaching.
In other words, if your 95-year-old neighbor yells from over their eight-foot fence that they’re going to beat you with their walker if they catch you, that’s hardly likely to create any reasonable fear in you of imminent harm – so that’s not assault. However, if the neighbor raises a gun and aims it your way, that would likely be different.
What’s battery?
Battery involves actually touching or causing harm to another person. It’s important to note that any unlawful, intentional touching or striking of another person against their will can be a battery – even if it does not cause bodily harm. That means that what constitutes a battery under Idaho law can be very nuanced.
For example, it’s easy to understand that kicking your neighbor in the shins during an argument is battery. You might not realize, however, that merely reaching out and flicking their baseball cap off their head could also be considered battery – until you find yourself in handcuffs.
If you find yourself facing charges for either assault or battery (or both), the wisest thing you can do is invoke your right to remain silent until you can fully explore your potential defenses.