Iowa Assault Defense Lawyer

Understanding Assault Charges in Iowa

Many people feel indignant when charged because they “didn’t even hit” the other person.

You don’t have to leave a mark or even strike someone at all to be charged with this.

An assault is any act intended to cause harmful, painful, injurious or offensive contact to another person. “Hitting” is an assault, but so is simply grabbing someone’s arm. Spitting on them, although not necessarily harmful, painful, or injurious, is typically considered “offensive contact.”  Spitting on someone is assault.

An assault can also be doing something to make someone else think you’re about to cause them harmful, painful, injurious, or offensive contact. Drawing your fist back as if you might hit someone is an assault even if you never touch them at all.  Even lifting an object can be an assault, if you intend to make someone think you will throw it at them or hit them with it.

Finally, an assault can be pointing a gun at someone or "displaying a weapon in a threatening manner."

Contact our Iowa assault attorney by calling (515) 200-2787 today!

Assault Charges & Legal Process in Des Moines, IA

Facing an assault charge in Des Moines means navigating a local legal system with distinct procedures and expectations. Local law enforcement agencies, such as the Des Moines Police Department and the Polk County Sheriff’s Office, are involved in investigating assault cases. After an arrest, individuals are processed through the Polk County Jail and may appear before a judge at the Polk County Courthouse for their initial hearing. Understanding each stage—from the initial arrest to arraignment and all subsequent court dates—is essential to building a strong defense.

The criminal process in Des Moines might include pretrial conferences, motion hearings, plea negotiations, and trial proceedings. Each milestone provides your defense team with opportunities to advocate on your behalf and challenge the prosecution’s narrative. At Clark & Sears Law, LLC, every client’s case is thoroughly investigated, with our attorneys examining law enforcement conduct, evaluating witness accounts, and scrutinizing evidence handling. 

Having an assault attorney in Des Moines who knows Polk County’s courts, prosecutors, and judges gives you a strategic local advantage. This knowledge is invaluable when seeking to reduce or dismiss charges or secure diversion or alternative sentencing options available in Des Moines assault cases.

Categories of Assault in Iowa

• Domestic Assault: Understanding the Context
• Simple Assault: Distinguishing Misdemeanor Charges
• Causing Bodily Injury or Mental Illness: Serious Misdemeanor Insights
• Assault with Intent to Inflict Serious Injury: Aggravated Misdemeanor Details
• Causing Serious Injury Unintentionally: Class "D" Felony Explanation
• Penetrative Assault: Class "C" Felony Considerations

Iowa law recognizes several categories of assault charges, determined by the circumstances of the incident, the presence or absence of bodily injury, the alleged victim’s status, and any aggravating factors such as the display of weapons. Simple assault, a misdemeanor, typically refers to incidents that do not result in significant harm. In contrast, aggravated or felony assault cases—such as those involving serious injuries, weapons, or certain protected classes—carry substantially higher penalties. Each category requires a different defense approach by your assault attorney in Des Moines and has unique implications for your future.

Defining "Bodily Injury" in Iowa Law

For purposes of Iowa charges, "bodily" injury can be almost anything -- a bruise, a scratch, a cut -- so long as the State can convince a jury beyond a reasonable doubt that it's an injury and that you caused it.

In Des Moines, courts and legal professionals often interpret “bodily injury” broadly, which enables prosecutors to pursue assault cases even when there is little or no visible harm. This can put defendants in challenging positions, especially if allegations stem primarily from subjective claims or minimal physical findings. An experienced assault attorney in Des Moines can challenge these claims, scrutinize the credibility of evidence, and push back on allegations that lack substantial proof of injury.

What's Considered a "Serious Injury" in Iowa?

Per Iowa Code 702.18, "serious injury" is:

• Disabling mental illness
• Bodily injury that does any of these things:
  • Creates a substantial risk of death.
  • Causes serious permanent disfigurement.
  • Causes protracted loss or impairment of the function of any bodily member or organ.
• Any injury to a child that requires surgical repair and necessitates the administration of general anesthesia

Consequences of Assault Charges in Iowa

The penalties for assault in Iowa can vary depending on the case's specific circumstances, including the severity of the injury inflicted and the relationship between the victim and the perpetrator. Some key points to consider include the following:

• Simple Assault: Simple assault is generally considered a serious misdemeanor in Iowa and can result in fines and imprisonment. Penalties may be increased if the victim is a protected class, such as a law enforcement officer or an elderly person.
• Aggravated Assault: Aggravated assault is more serious than simple assault and can result in harsher penalties. It is generally considered a Class D felony in Iowa and can result in significant fines and imprisonment.
• Domestic Assault: Assault between people in a domestic relationship, such as married couples, is considered domestic assault. The penalties for domestic assault are more severe than simple assault and can result in fines, probation, and imprisonment.
• Sentencing Enhancements: If the crime was committed in certain areas, such as a school or a park, the penalties would be increased.
• Repeat Offenders: Repeat offenders may face harsher penalties than first-time offenders

It's important to note that an assault conviction can have long-term consequences, including difficulty finding employment, housing, and other opportunities. Additionally, an assault conviction can affect a person's immigration status.

If you have been charged with assault, it is important to seek the advice of an experienced criminal defense attorney as soon as possible. Our assault lawyer in Des Moines can help you understand the charges against you, the potential consequences of a conviction, and the best defense strategies available to you. Additionally, we may be able to negotiate a plea bargain with the prosecutor, which can result in reduced charges and a more lenient sentence.

Effective Defenses With The Help Of Our Assault Attorney in Des Moines

Claiming Self-Defense or Justification

If you used only a reasonable amount of force to stop someone else from using unlawful force against you or another person (or against property), you might have a self-defense or "justification" defense that could prevent conviction.

Exemptions for Sports and Other Activities

If what you're doing is a reasonably foreseeable part of a consensual (non-criminal) sport or a social activity and doesn't create an unreasonable risk of serious injury or breach of the peace, the incident is not assault.

Learn more about how our Iowa assault lawyer can help you by contacting us online or calling (515) 200-2787 today!

Frequently Asked Questions

How Can an Assault Attorney in Des Moines Impact My Case?

Retaining an assault attorney in Des Moines means you will be represented by a professional who is familiar with the local court systems, prosecutors, and procedures unique to Polk County and the surrounding area. Your attorney will evaluate your arrest, gather and review all evidence, track down and interview witnesses, and represent you both in negotiations and court. Having a trusted local Des Moines assault lawyer may improve your chances of having charges reduced or dismissed, particularly in cases that involve complex fact patterns or ambiguous allegations. At Clark & Sears Law, LLC, we make it a priority to stay informed about new criminal law trends, the preferences of local prosecutors, and unwritten court expectations, arming you with the best possible information to make crucial decisions about your case.

What Should I Do Immediately After an Assault Arrest in Des Moines?

If you have been arrested for assault in Des Moines, your most important step is to exercise your right to remain silent and immediately request to speak with an attorney. Anything you say can be used against you, so it is best not to answer questions from police or investigators without legal counsel present. Following your arrest, you will likely be processed at the Polk County Jail and may have an initial hearing at the Polk County Courthouse to discuss bail and release conditions. Contacting Clark & Sears Law, LLC promptly allows a qualified Des Moines assault attorney to intervene, protect your rights, gather valuable evidence, and begin preparing your defense. Early attorney intervention can be critical in securing appropriate bail, identifying procedural errors, and ensuring your case gets the fair evaluation it deserves in the Des Moines legal system.

What Factors Do Des Moines Courts Consider in Assault Cases?

Des Moines and Polk County courts consider a range of factors when adjudicating assault charges. Major considerations include the extent and severity of the alleged injury, prior criminal history, the circumstances and intent of the alleged assault, the relationship between the accused and alleged victim, and any conduct before or after the incident. Courts may also weigh aggravating or mitigating factors such as the use of weapons, violations of no-contact orders, or evidence of the defendant’s remorse and willingness to participate in counseling or restitution. When Clark & Sears Law, LLC prepares your defense, the team carefully considers all of these local judicial priorities and tailors the strategy to reflect your specific facts as well as the expectations and philosophies of judges in Polk County. This individualized, comprehensive approach helps paint the fullest, most accurate picture possible when your case is heard in Des Moines courtrooms.

Contact us today and we can help you start your path towards resolution.