Get out of trouble and get back to life. We defend the rights and liberties of good people who are accused of bad things.
Are you accused of a violent crime in Iowa? If so, you need an Iowa violent crimes defense lawyer. That's because an Iowa criminal lawyer can help you understand Iowa criminal law.
Being charged with a criminal offense warrants an experienced criminal defense attorney. Conviction is costly: you could be facing large fines and jail time. Moreover, you'll have to pay victim restitution. Afterward, you might get fired. Additionally, it could be hard to find a new job. Because the records are public, you could lose friends. Moreover, you could lose your significant other or face other relationship problems.
With this in mind, you can't afford to be seen as a scary, violent person. Therefore, you need to think: is there a way to clear your name?
Once in a while, your reasonable fear that the victim might hurt you or someone else might give you a self-defense or "justification" claim. In another case, you might be able to show that your ex is lying to get leverage in divorce. If so, you should know that domestic violence accusations can affect child custody.
When this happens, an Iowa criminal defense attorney can review the charges against you. Then, they can help you assess available defenses.
Des Moines Violent Crime Lawyers
To convict you, the prosecutors must prove every element of a crime beyond a reasonable doubt — including the intent or “mens rea” element.
At Clark & Sears Law, we defend the rights and liberties of good people who are accused of bad things. An Iowa violence attorney might be able find you a viable path to reasonable doubt. As a result, you could go home to your family and save thousands in fines.
Get out of trouble and get back to life. Call Clark & Sears Law now at (515) 200-2787 to set up a free consultation. A receptionist is available 24/7 to take your call.
The criminal defense lawyers at Clark & Sears Law, are based in Des Moines and Ankeny and represent defendants throughout Polk County and the rest of Iowa.
Katie and John provided me with the best advise for my case at first. Later Katie helped me through a very complicated case with a really good outcome.- Ahmad
There are many types of violent crime. Some violent offenses are classified as "forcible felonies." Accordingly, you could go to prison for years without possibility of parole.
Many people feel indignant when charged because they “didn’t even hit” the other person, but you don’t have to leave a mark or even strike someone at all to be charged with assault. Any act intended to cause harmful, painful, or offensive contact -- or even to put someone in fear of harmful, painful, or offensive contact -- can be an assault under the Iowa Code. So can pointing a gun at them or displaying a dangerous weapon threateningly.
Serious assaults might be the first "violent crime" that comes to mind. Serious injuries, weapons, and the intent to cause serious injury make assaults more serious. Aggravated assault is often a felony charge. When convicted of a forcible felony involving a weapon, you will go to prison for at least five years -- without the possibility of parole.
If you don't read the statute, then you might assume that domestic abuse assault is dating violence. Domestics include more than that, though. If someone you've ever lived with, been in an intimate relationship with, or had a kid with accuses you of assault, then it may be a domestic.
Rape is scary. So are rape accusations
Sexual assault involves contact with someone who either doesn't consent or can't consent. Because rape can have long-lasting consequences for victims, sexual assault is always a felony. Therefore, depending on the details, you could go to prison for life without the possibility of parole. You could also end up on the sex offender registry.
Harassment can be as simple as sending someone a purposeless message that is likely to annoy or harm them. Additionally, you might be charged with harassment if you threaten to hurt someone, share photos of them nude or engaged in sex acts, put fake explosives near buildings, make fake reports about them to police, or order merchandise or services in their name.
Fighting or violent behavior in public, abusive epithets, and threatening gestures might get you a disorderly conviction. I strongly believe that the United States Constitution protects a lot of the speech that the county attorneys call "harassment." Therefore, depending on what you're accused of, we should talk about whether the First Amendment might protect you.
Interference With Official Acts
Sometimes. people panic when they’re suddenly confronted by police officers arresting them or executing a warrant. As a result, sometimes people behave out of character. When this happens, they get charged with “Interference With Official Acts” or “resisting arrest.”
Violent crime doesn't require injury. Accordingly, firing a weapon into a crowd (or into another place where people are) is felonious Intimidation With a Dangerous Weapon.
Because carrying guns and knives can get you in trouble, you should know about "Carrying Weapons" charges.
There's some wiggle room with this statute, though. For instance, a client got this charge dismissed when we showed that he was on his way home from lawful fishing when he was stopped with his fishing knife in his car. With this in mind, have a lawyer carefully read the law.
Unauthorized Possession of Offensive Weapons
Machine guns, missiles, and more. You could go to prison for up to five years.
A simple assault connected to a simple theft becomes an aggravated misdemeanor or a Class D felony.
Going Armed With Intent
Before leaving home with a dangerous weapon, think. If you plan to use that weapon against someone else, then you'll face felony charges.
Was it justified? If not, then causing bodily injury to someone might lead to felony violent crime charges.
Confining someone or secretly moving them from place to place, knowing you don't have the consent or authority to do that, is kidnapping if you:
- Intend to hold them for ransom
- Plan to use them a shield or hostage
- Intend to inflict serious injury on them
- Plan to sexually abuse them
- Intend to secretly confine them
- Plan to interfere with the performance of any government function
Read more about Iowa kidnapping charges.
If you knew you didn't have the authority to take a kid but you did it anyway, intending to keep or hide the child from whoever has lawful custody, it's a felony.
If you steal and do any of these things, it's robbery:
- Assaulting someone
- Threatening someone with immediate serious injury
- Purposely making someone afraid of immediate serious injury
- Threatening to immediately commit any forcible felony.
Also, it doesn’t actually matter whether or not your theft succeeded; that you intended to commit a theft when one of those things happened is what’s relevant.
If it's murder but you can claim "heat of passion" doctrine, it's "voluntary manslaughter." That's because murder requires malice aforethought.
Involuntary manslaughter is when you unintentionally cause someone to die while you're committing a crime that isn't a forcible felony or escape. Additionally, if you accidentally cause a death while doing something dangerous, that might be manslaughter.