Iowa Domestic Abuse Assault Defense Attorneys

IOWA DOMESTIC ABUSE ASSAULT LAWS

Iowa Code Chapter 708 defines Domestic Abuse Assault and sets forth the penalties. An assault is any unjustified act which

  • Is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act
  • 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; or
  • Intentionally pointing any firearm toward another, or displaying in a threatening manner any dangerous weapon toward another

Iowa Code Section 708.1 – Assault Defined.

For an assault to be classified as a Domestic Abuse Assault under Iowa Law the assault must be committed between

  • Family or household members residing together at the time of the assault
  • Separated or divorced spouses not residing together
  • Parents of minor children regardless of marital or living situation
  • Family or household members who have lived with each other in the past year

Iowa Code Section 708.2A – Domestic Abuse Assault.

DOMESTIC ABUSE ASSAULT –  CRIMINAL PENALTIES

1ST OFFENSE:

  • “D” Felony (5 Years Prison Time) – If the assault is committed by knowingly impeding the normal breathing or circulations of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury (strangulation/suffocation)
  • Aggravated Misdemeanor (2 Years Prison Time) – If the assault is committed by knowingly impeding the normal breathing or circulations of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person (strangulation/suffocation)
  • Aggravated Misdemeanor (2 Years Prison Time) – If the assault is committed with the intent to inflict serious injury upon another, or if the person uses or displays a dangerous weapon
  • Serious Misdemeanor (1 Year County Jail) – If the assault causes bodily injury or mental illness
  • Simple Misdemeanor (30 Days County Jail) – All other Domestic Abuse Assault

2ND OFFENSE – ENHANCED PENALTIES:

  • Prior Convictions which are more than 12 years old DO NOT COUNT!
  • Prior Deferred Judgments will be counted if within the last 12 years.
  • A Simple Misdemeanor Domestic charge is enhanced to a Serious Misdemeanor Domestic if a person has one prior conviction for Simple Misdemeanor Domestic Abuse Assault.
  • All other 2nd Offense Charges (based upon any prior domestic abuse assault conviction/deferred judgment) can be enhanced to an Aggravated Misdemeanor.
  • Except Strangulation or Suffocation causing bodily injury (as defined above). This charge is always a “D” Felony.

3RD OFFENSE – ENHANCED PENALTIES

  • ALL 3RD OFFENSE DOMESTIC ABUSE ASSAULT CHARGES ARE “D” FELONIES (excepting those convictions more than 12 years old).

Iowa Code Section 708.2A – Domestic Abuse Assault.

ADDITIONAL PENALTIES AND PROVISIONS

  • Deferred Judgment is possible only if a person has not used one on any previous assault (domestic or otherwise).
  • Minimum Term of Jail – 2 days on all domestic assaults.
  • 24 Week Iowa Domestic Violence Program Classes are mandatory.
  • ***Certain convictions result in loss of firearm rights and privileges.***

A Domestic Abuse Assault Charge is not one to take lightly. The State of Iowa treats these charges very seriously and so must you. The experienced and tenacious attorneys at Stowers & Sarcone, PLC have decades of experience fighting in the criminal courts of Iowa. We will not back down and we will pursue every means within reason to get you the best possible outcome. Visit our website or call us NOW! 515.224.7446

 

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