ASSAULT & DOMESTIC ABUSE

As part of our extensive criminal defense practice, we defend people who are struggling with accusations of assault or domestic abuse.

Assault

An assault is generally defined by Iowa law as one of three types of acts:

  1. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be consulting or offensive to another, coupled with the apparent ability to execute the act.
  2. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.
  3. Intentionally points any firearm towards another, or displays in a threatening manner any dangerous weapon toward another.


There are many different crimes that are charged under Iowa code chapter 708 dealing with assault. Most often assault charges are filed as a result of a person reporting a physical attack. You may hear terms such as: simple assault, assault causing injury, assault with intent, assault with a weapon, willful injury, or to intimidation with a dangerous weapon. These are all just different types of assault with different proof requirements needed to convict the defendant.

An assault can be anything from a wrestling match, a punch, or biting all the way up to stabbing or shooting someone. Sometimes assault can be charged where no physical contact, injury, or pain resulted to the victim. You can be arrested for assault for doing any act which is intended to play someone in fear of an immediate physical contact. Examples of this charging method would be someone getting arrested for assault because they threw a beer bottle at someone in a bar but the bottle did not strike the person. Another example would be punching the windshield of a vehicle that someone was driving. Both of those instances if reported to the police would probably result in the person that did the act getting arrested for assault.

The penalties for assault depend in large part on how badly the victim was injured and whether or not the person committing the assault was armed with a weapon. The range of penalties goes anywhere from a simple misdemeanor, with a maximum penalty of 30 days in jail, up to a Class C Forcible Felony with a maximum penalty of 10 years in prison and no option for probation at the time of sentencing.

Every case is unique and we work hard on each case to get our clients the best possible outcome. Contact us for a free consultation.

Contact a Iowa criminal defense lawyer representing clients in Indianola, Iowa today to schedule your free initial consultation.

Domestic Abuse

An assault will be considered to be domestic abuse assault when:

  • It is between family or household members that resided together at the time of the assault
  • It is between separated spouses or persons divorced from each other and not residing together at the time of the assault
  • It is between parents of the same minor child regardless of whether they were ever married or lived together
  • It is between family or household members that resided together within the past year but are not residing together at the time of the assault
  • It is between people in an "intimate" relationship (when considering the duration of the relationship, frequency of contact, and any sexual or romantic involvement)

Domestic abuse assault can be charged anywhere from a simple misdemeanor up to a forcible felony requiring mandatory prison time. The seriousness of the charge against you can be increased with prior convictions for domestic abuse or depending on how serious the alleged victim's injuries are.

Domestic abuse convictions can also have long lasting consequences above and beyond other types of assault convictions. If you have a domestic abuse conviction you are prohibited from ever possessing a firearm under federal law. In Iowa, everyone convicted of domestic abuse must go through a domestic violence counseling program that can last several weeks. Domestic abuse cases also usually involve no-contact orders or orders of protection. These orders can last several years and are sometimes used by your spouse or significant other to deny you access to your home or children. As experienced criminal defense attorneys, we can fully inform you as to all potential criminal penalties and work to make sure that your rights are being protected.

Every domestic violence case is different and we work hard on each case to get our clients the best possible outcome. Contact us for a free consultation.


If you would like to schedule a free initial consultation contact an Iowa criminal defense accident attorney, representing clients in Indianola, Iowa at the Feuerhelm Law Office, P.C. Give us a call at (515) 266-5552.