Idaho Code
Idaho Code

Idaho Code § 18-908 (2026)

Aggravated battery — Punishment. 

✓ current as of May 2026
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Aggravated battery — Punishment. 

An aggravated battery is punishable by imprisonment in the state prison not to exceed fifteen (15) years.

Notes of Decisions
Cited in 23 cases, 1964–2013 · leading case: State v. Thompson, 614 P.2d 970 (Idaho 1980).
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State v. Thompson, 614 P.2d 970 (Idaho 1980). · cites it 4× “life sentence cannot be calculated, a court is authorized to fix a base maximum sentence, for the offense of rape, at less than life, which base maximum may then be used as the basis to compute the sentence of one-half of such base to be imposed by the court for the offense of…”
State v. McDougall, 749 P.2d 1025 (Idaho Ct. App. 1988). · cites it 4× “I.C. § 18-908. Aggravated assault is punishable by up to five years in prison.”
State v. Hall, 397 P.2d 261 (Idaho 1964). · cites it 4× “While a sentence of one-half of a life sentence cannot be calculated, a court is authorized to fix a base maximum sentence, for the offense of rape, at less than life, which base maximum may then be used as the basis to compute the sentence of one-half of such base to be imposed…”
State v. Woodrow John Grant, 297 P.3d 244 (Idaho 2013). · cites it 2× “The maximum term of imprisonment for aggravated battery is fifteen years, I.C. § 18-908; for possession of a (schedule II) controlled substance, seven years, I.”
State v. Watts, 963 P.2d 1219 (Idaho Ct. App. 1998). · cites it 2× “See I.C. § 18-908. However, Watts was not found guilty of aggravated battery on Count II but of aggravated battery on a law enforcement officer, and the original judgment was therefore in error in identifying the offense of which Watts was convicted.”
State v. Sanchez, 785 P.2d 176 (Idaho Ct. App. 1990). · cites it 2× “In these consolidated appeals she attacks the judgment imposing the sentence and the order denying her Rule 35 motion.”
State v. Barnes, 825 P.2d 506 (Idaho Ct. App. 1992). · cites it 2× “32(b), the report of those dispositions properly was disclosed as part of Barnes’ prior criminal history and could be considered by the district court in determining the sentence to be imposed in this case.”
State v. Matthews, 798 P.2d 941 (Idaho Ct. App. 1990). · cites it 2× “Idaho Code §§ 18-908 , 18-915. To ascertain whether the length of confinement is reasonable, we apply the substantive criteria set forth in State v.”
State v. King, 821 P.2d 1010 (Idaho Ct. App. 1991). · cites it 2× “King contends that the district judge erred by failing to state reasons for the ten year minimum term imposed. In the transcript of the sentencing hearing, there is a recitation by the judge of the factors in mitigation, such as the defendant’s age, lack of prior violent crimes,…”
State v. Maxfield, 771 P.2d 928 (Idaho Ct. App. 1989). · cites it 2× “I.C. § 18-908. Because his sentence was within the statutory maximum, we will uphold it unless the sentencing judge abused his discretion.”
State v. Sanchez, 766 P.2d 1275 (Idaho Ct. App. 1988). · cites it 2× “Under these sentences Sanchez must spend thirty years in confinement without the possibility of parole.”
State v. Luna, 795 P.2d 18 (Idaho Ct. App. 1990). · cites it 2× “I.C. § 18-908. Luna does not claim that his sentence exceeds the statutory maximum.”
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