Idaho Code

Idaho Code § 18-906 (2026)

Aggravated assault — Punishment. 

✓ current as of May 2026
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Aggravated assault — Punishment. 

An aggravated assault is punishable by imprisonment in the state prison not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.

Notes of Decisions
Cited in 35 cases (4 in the last 5 years), 1963–2026 · leading case: State v. Olsen
State v. Olsen, 647 P.2d 734 (Idaho 1982). · cites it 12× “Following a two day trial at which the primary issue was defendant's state of mind during the shooting, the jury found the defendant guilty on two counts of the lesser included offense of assault with a deadly weapon, I.C. § 18-906. The jury also found, by way of supplemental…”
State v. Thompson, 614 P.2d 970 (Idaho 1980). · cites it 10× “ASSAULT WITH A DEADLY WEAPON, I.C. § 18-906. That the said Defendant, on or about the 22d day of October, 1977, in the County of Bingham, State of Idaho, did make an assault upon the person of [the victim] with a deadly weapon, to-wit: a shotgun, by firing said gun at and toward…”
State v. Alsanea, 69 P.3d 153 (Idaho Ct. App. 2003). · cites it 4× “If Alsanea's sentences for the second count of aggravated assault and the firearm enhancement are construed as one continuous sentence, as they must be, the practical effect is the same as if Alsanea had been sentenced to a unified term of twenty-five years, including the…”
State v. Stuart, 715 P.2d 833 (Idaho 1986). · cites it 4× “The record indicates that the only instruction on a lesser included offense that was initially requested by defense counsel was on assault with a deadly weapon (I.C. § 18-906). However at the close of the trial, defense counsel stated that the defendant wished to withdraw his…”
Bates v. State, 679 P.2d 672 (Idaho Ct. App. 1984). · cites it 6× “§§ 18-6101 and 18-306, and one count of assault with a deadly weapon, former I.C. § 18-906. 1 He was sentenced to indeterminate terms of twelve years for the attempt *398 ed rape and five years for the assault, the sentences to run consecutively.”
State v. Farwell, 170 P.3d 397 (Idaho 2007). · cites it 2× “Farwell argues the district court failed to properly consider mitigating factors such as Farwell’s recognition of his alcohol problem, his willingness to seek treatment, and his remorse.”
State v. Page, 16 P.3d 890 (Idaho 2000). · cites it 4× “Idaho Code § 18-906 provides that the maximum punishment for aggravated assault is five (5) years imprisonment and/or a $5,000.”
Almada v. State, 697 P.2d 1235 (Idaho Ct. App. 1985). · cites it 4× “§ 18-6501; and assault with a deadly weapon, I.C. § 18-906. He received ten-year indeterminate sentences, running concurrently, on each of the first three convictions and a five-year indeterminate sentence on the assault with a deadly weapon conviction.”
State v. McDougall, 749 P.2d 1025 (Idaho Ct. App. 1988). · cites it 4× “I.C. § 18-906. Where a sentence is within the statutory maximum, the sentence will not be disturbed unless the appellant shows a clear abuse of discretion.”
State v. Silcox, 650 P.2d 625 (Idaho 1982). · cites it 4× “I.C. § 18-906. The matter was set for trial on February 8, 1979.”
State v. Polson, 448 P.2d 229 (Idaho 1968). · cites it 4× “ght, by means of a certain deadly weapon, that is a loaded revolver, which he, the said defendant in his hands then and there held, did make an assault upon the person of one Carl Holm, a human being, by shooting said loaded pistol at the person of said Carl Holm, he being…”
State v. Cardona, 637 P.2d 1164 (Idaho 1981). · cites it 3× “I.C. § 18-906. The district court imposed an indeterminate sentence of two years on the charge of assault with a deadly weapon, and imposed an additional sentence of three years under the felony firearm statute, I.”
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