If you are facing assault charges in Iowa, it is important that you retain the services of an experienced criminal defense attorney who will explore all avenues of defense on your behalf. Contact our firm to learn more. Continue reading to learn the three degrees of misdemeanor assault charges and the potential defenses against assault charges.
How Iowa Law Defines Assault
Iowa does not take assault charges lightly. Under Iowa Code §708.1, someone can be charged with assault when they:
- Commit an act intended to cause pain, injury, or offensive physical contact, with the ability to execute the act
- Commit an act intended to cause fear of pain, injury, or insult, with the ability to execute the act
- Intentionally points a firearm toward another person or displays a dangerous weapon in a threatening manner
It’s important to understand that you can face an assault charge in Des Moines even if you never make physical contact with another person. The threat of harm is enough to warrant this as an assault charge under Iowa law.
Examples of Situations That May Lead to Assault Charges
- Punching or attempting to punch someone
- Throwing an object with the intent to cause fear
- Threatening someone while raising your fist in an aggressive manner
- Touching someone aggressively
- Displaying a weapon to intimidate someone
What Are The Three Degrees Of Misdemeanor Assault Charges In Iowa?
Individuals who are facing assault charges in Iowa are, in most cases, looking at a misdemeanor. The three degrees of misdemeanor assault charges are as follows:
Simple Misdemeanor Assault
Individuals who have been charged with simple misdemeanor assault, which often results in no serious injuries, will face:
- Up to 30 days in jail
- A potential $105-$855 fine
Serious Misdemeanor Assault
When an individual commits an act of assault that results in serious physical or mental injury, this is considered a serious misdemeanor assault charge. Another circumstance that will prompt a serious misdemeanor assault charge is when an assault is committed against a protected employee or is classified as a hate crime.
Serious misdemeanor assault charges may result in:
- Up to one year in jail
- A potential $430-$2560 fine.
Aggravated Misdemeanor Assault
If you either intended to cause serious injury (even if the injury doesn’t occur), assault a protected employee, or your assault is considered a hate crime and causes physical or mental injury to the victim, you may be charged with aggravated misdemeanor assault. Another circumstance that may warrant an aggravated misdemeanor assault charge is exhibiting a deadly weapon in the course of committing assault, as long as it can be proven that you did not use or intend to use the weapon.
Aggravated misdemeanor assault charges can warrant:
- Up to two years of incarceration
- A potential $855-$8,540 fine.
Potential Penalty Enhancements
Depending on the circumstances of your case and prior history, there may be aggravating factors present that result in harsher penalties. As such, if any of the following are present in your case, you may find that the sentence you face is much harsher:
- Prior assault convictions
- Assault against a minor
- Assaults against police officers and first responders
- Domestic assault
- Using weapons
- Committing assault near schools or in protected spaces
What Are The Potential Defenses Against Assault Charges?
There are various avenues of defense regarding assault charges. The defense method that our Polk County firm will choose to utilize will primarily depend on the circumstances of the alleged assault.
Common Legal Defenses
- Self-defense
- Defense of others
- Defense of property
- Lack of intent
- False accusations
- Duress
- Mistaken identity
What To Do if You Are Charged With Assault in Iowa
When facing assault charges in Iowa, understanding the steps you can take to best protect yourself is critical:
- Invoke your Fifth Amendment right to remain silent – do NOT speak to police without an attorney present
- Do NOT contact the alleged victim
- Write down your version of events to help preserve your memory
- Save texts, photos, videos, and witness information
- Contact an experienced criminal defense attorney immediately
Contact Our Des Moines Criminal Defense Firm
Herting Law, PLLC, is an Iowa-based law firm designed to help with all of your legal needs. If you need a Des Moines criminal defense lawyer, Herting Law, PLLC has significant experience in all criminal matters. As such, if you are facing a theft offense, our dedicated legal team will examine your unique circumstances to help you fight for the best possible outcome for your case. Whatever the situation, contact us today to learn how we can help you.
