In my practice I have represented hundreds of people facing assault charges. In Iowa assault is most often charged when one person makes physical contact with another in a manner likely to cause insult, be offensive or cause injury. Assault charges are defined in Iowa Code Chapter 708.
At common law (the time before statutes codified the law), an assault charge only included threatening physical contact with an apparent ability to make contact. If physical contact was actually made the charge was battery. Some states, like Florida where I began my law career, still charge battery. However, Iowa and many other states have merged assault and battery in one statute and call both crimes assault.
There are different types of assault in Iowa Code Chapter 708 including: domestic assault, assault while participating in a felony, assaults on specified occupations, and intimate assaults. Each of these assault charges consists of different elements the State of Iowa must prove beyond a reasonable doubt to obtain a conviction. In addition, there are several “justification” defenses to assault charges. Those defenses include, self-defense, defense of others, defense of property, etc.
An assault, depending on the type, can range from a simple misdemeanor (30 day maximum) to a Class C Felony (10 year maximum). Moreover, Iowa allows for the imposition of a “no-contact” order in many assault cases. The no-contact order prevents any kind of contact between the Defendant and the alleged victim. A violation of the no-contact order can result in additional charges. The no-contact order also prevents the Defendant from possessing any fire arms.
Assault is a serious charge and may carry significant collateral consequences such as loss of your gun rights. Do not face an assault charge alone. As a Des Moines, Iowa based assault charge attorney, I can help you through your case. While I am based out of Des Moines I handle cases throughout the entire State of Iowa. If you need an assault charge lawyer call now. 515.224.7446.