Assault Lawyers in Des Moines
Iowa Assault Defined
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."
- Domestic Assault
- Simple assault: simple misdemeanor
- Causing bodily injury or mental illness: serious misdemeanor
- With intent to inflict a serious injury: aggravated misdemeanor
- Causing serious injury (when you didn't intend to cause serious injury): Class "D" felony.
- While using an object to penetrate someone else's genitalia or anus: Class "C" felony.
What is "Bodily Injury?"
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.
What is "Serious Injury?"
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
Penalties for Assault
- The potential punishment you could be facing if convicted of an assault crime varies with the type of assault and with your prior record.
- You could be facing jail time and fines.
- Your assault lawyer can help you determine whether you're eligible for a deferred judgment.
Defenses to Assault
If you used only a reasonable amount of force to stop someone else from using unlawful force against you or against another person (or against property,) you might have a self-defense or "justification" defense that could prevent conviction.
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.