Idaho Code
Idaho Code

Idaho Code § 18-902 (2026)

Assault — Punishment. 

✓ current as of May 2026
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Assault — Punishment. 

An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed three (3) months, or by both such fine and imprisonment.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1993–2023 · leading case: State v. Josephson, 858 P.2d 825 (Idaho Ct. App. 1993).
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State v. Josephson, 858 P.2d 825 (Idaho Ct. App. 1993). · cites it 6× “Because he had already served in excess of the maximum term prescribed by I.C. § 18-902 when the judgment and sentences were imposed, he argued that the district court had no authority to order probation.”
State v. Julian, 922 P.2d 1059 (Idaho 1996). · cites it 4× “a subsection dealing with hijacking and amended subsection 6 to read: [W]hen at the scene of a domestic disturbance there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate…”
State v. Moore, 932 P.2d 899 (Idaho Ct. App. 1996). · cites it 2× “When at the scene of a domestic disturbance there is reasonable cause to believe, *781 based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of such a crime, that the person…”
State v. Horejs, 141 P.3d 1129 (Idaho Ct. App. 2006). · cites it 2× “§ 18-2902; and for misdemeanor assault, three months, I.C. § 18-902. 2 . Idaho Code § 18-204 provides: All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense or aid and abet in…”
State v. Anderson, 530 P.3d 680 (Idaho 2023). “The State charged Anderson with aggravated assault on a peace officer in violation of Idaho Code sections 18-902(a), -905, -906, and -915(1)(b), and alleged a sentencing enhancement pursuant to Idaho Code section 19-2520 for the use of a deadly weapon in the commission of…”
State v. Knight, 920 P.2d 78 (Idaho Ct. App. 1996). · cites it 2× “When at the scene of a domestic disturbance there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of such a crime, that the person arrested…”
State v. James L. Skunkcap (Idaho Ct. App. 2013). · cites it 2× “§ 18-7001; and misdemeanor simple assault, I.C. § 18-902. Following the trial, Skunkcap entered a guilty plea to being a persistent violator.”
State v. Anderson (Idaho 2023). “The State charged Anderson with aggravated assault on a peace officer in violation of Idaho Code sections 18-902(a), -905, -906, and -915(1)(b), and alleged a sentencing enhancement pursuant to Idaho Code section 19-2520 for the use of a deadly weapon in the commission of…”
— Idaho Code § 18-902(a) — 2 cases
State v. Anderson, 530 P.3d 680 (Idaho 2023). “The State charged Anderson with aggravated assault on a peace officer in violation of Idaho Code sections 18-902(a), -905, -906, and -915(1)(b), and alleged a sentencing enhancement pursuant to Idaho Code section 19-2520 for the use of a deadly weapon in the commission of…”
State v. Anderson (Idaho 2023). “The State charged Anderson with aggravated assault on a peace officer in violation of Idaho Code sections 18-902(a), -905, -906, and -915(1)(b), and alleged a sentencing enhancement pursuant to Idaho Code section 19-2520 for the use of a deadly weapon in the commission of…”
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