Idaho Code
Idaho Code § 18-905 (2026)
Aggravated assault defined.
✓ current as of May 2026
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Aggravated assault defined.
An aggravated assault is an assault:
(a) With a deadly weapon or instrument without intent to kill; or
(b) By any means or force likely to produce great bodily harm.
(c) With any vitriol, corrosive acid, or a caustic chemical of any kind.
(d) "Deadly weapon or instrument" as used in this chapter is defined to include any firearm, though unloaded or so defective that it can not be fired.
Notes of Decisions
Cited in 98
cases (15 in the last 5 years), 1981–2026 · leading case: State v. Passons, 417 P.3d 240 (Idaho 2018).
State v. Passons, 417 P.3d 240 (Idaho 2018). “I.C. §§ 18-905, 18-906. This Court has previously explained that section 19-2520 “does not prescribe a new offense but provides only for the imposition of additional punishment” upon conviction of an underlying offense where a firearm or other deadly weapon was involved.”
State v. Page, 16 P.3d 890 (Idaho 2000). “The complaint that was filed in the magistrate court and the information subsequently filed in the district court following preliminary hearing charged Page with aggravated assault pursuant to I.C. § 18-905. Idaho Code § 18-906 provides that the maximum punishment for aggravated…”
State v. Phillips, 156 P.3d 583 (Idaho Ct. App. 2007). “BACKGROUND Phillips was charged with aggravated assault, Idaho Code §§ 18-905 , 18-901. It was alleged that he attempted to or threatened to injure Tara Woolsey with a pickax.”
State v. Lenz, 651 P.2d 566 (Idaho Ct. App. 1982). “He raises two issues: (1) Did the Information properly inform him of the crime charged? (2) Is the statute defining the crime of aggravated assault, I.C. § 18-905, unconstitutional because it fails to define the term “deadly weapon?” We affirm the judgment of conviction.”
State v. Hood, 639 P.2d 9 (Idaho 1981). “Hood could as easily have been charged, at the prosecutor's discretion, with escape by one charged with or convicted of a misdemeanor, I.”
State v. Hudson, 927 P.2d 451 (Idaho Ct. App. 1996). “The district court indicated it would allow instructions on the lesser included offenses of aggravated assault, I.C. § 18-905, and simple assault, I.C. § 18-901.”
Law v. City of Post Falls, 772 F. Supp. 2d 1283 (D. Idaho 2011). “Following his arrest, Plaintiff was charged with Aggravated Assault, Idaho Code § 18-905 , and Battery, Idaho Code §§ 18-903 .”
State v. Cudd, 51 P.3d 439 (Idaho Ct. App. 2002). “” Subsection (b) of § 18-905 specifies that “deadly weapon or instrument” includes “any firearm, though unloaded or so defective that it cannot be fired.”
State v. McDougall, 749 P.2d 1025 (Idaho Ct. App. 1988). “Idaho's assault statute includes (a) an unlawful attempt to inflict a violent injury on another person, and (b) an intentional, unlawful threat by word or act to do violence to another person coupled with an apparent ability, which induces a well-founded fear that violence is…”
State v. Metzgar, 710 P.2d 642 (Idaho Ct. App. 1985). “Idaho Code § 18-905 defines an aggravated assault as an assault: (a) With a deadly weapon or instrument without intent to kill; or (b) By any means or force likely to produce great bodily harm.”
State v. Knutson, 822 P.2d 998 (Idaho Ct. App. 1991). “Knutson was found guilty by a jury of aggravated assault upon a law enforcement officer, I.C. §§ 18-905, -915; two counts of second degree kidnapping, I.”
State v. Horejs, 141 P.3d 1129 (Idaho Ct. App. 2006). “I.C. § 18-905(b). In addition, Horejs argues that his sentences are illegal because misdemeanor jail sentences may not be made to run consecutive to a felony prison sentence and because the consecutive probationary periods exceed the maximum aggregate period for which he could…”
— Idaho Code § 18-905(1) — 1 case
State v. Hendricks (Idaho Ct. App. 2024).
— Idaho Code § 18-905(A) — 1 case
State v. Colby Reid Heaton (Idaho Ct. App. 2013).
— Idaho Code § 18-905(B) — 2 cases
State v. West (Idaho Ct. App. 2020).
State v. West, 470 P.3d 1249 (Idaho Ct. App. 2020).
— Idaho Code § 18-905(a) — 18 cases
State v. Page, 16 P.3d 890 (Idaho 2000). “The complaint that was filed in the magistrate court and the information subsequently filed in the district court following preliminary hearing charged Page with aggravated assault pursuant to I.C. § 18-905. Idaho Code § 18-906 provides that the maximum punishment for aggravated…”
State v. Cudd, 51 P.3d 439 (Idaho Ct. App. 2002). “” Subsection (b) of § 18-905 specifies that “deadly weapon or instrument” includes “any firearm, though unloaded or so defective that it cannot be fired.”
Butler v. State, 935 P.2d 162 (Idaho 1997).
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014).
Ronald Eddington v. State, 405 P.3d 597 (Idaho Ct. App. 2017).
— Idaho Code § 18-905(b) — 6 cases
State v. Horejs, 141 P.3d 1129 (Idaho Ct. App. 2006). “I.C. § 18-905(b). In addition, Horejs argues that his sentences are illegal because misdemeanor jail sentences may not be made to run consecutive to a felony prison sentence and because the consecutive probationary periods exceed the maximum aggregate period for which he could…”
State v. Medina, 909 P.2d 637 (Idaho Ct. App. 1996).
State v. Climer, 896 P.2d 346 (Idaho Ct. App. 1995).
State v. Christopher Gibb Landell (Idaho Ct. App. 2011).
State v. Benson Barrera (Idaho Ct. App. 2013).
— Idaho Code § 18-905(d) — 3 cases
State v. McLeskey, 69 P.3d 111 (Idaho 2003).
State v. Donk, 181 P.3d 508 (Idaho Ct. App. 2007).
State v. Palmer (Idaho Ct. App. 2025).
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