Intimidation With A Dangerous Weapon Lawyer in Des Moines
Iowa Code 708.6 concerns Intimidation With a Dangerous Weapon.
Degrees of Intimidation with a Dangerous Weapon in Iowa
Intimidation is a felony in Iowa. Depending on the details, it can be either a Class "D" felony or a Class "C" felony.
The most significant difference between the C felony and the D felony is whether or not you intend to injure someone. Intending to make someone angry or afraid could also make the offense a C felony.
Class D Felony Intimidation
Class D Intimidation is when you do one of these things:
- Launch, or
a dangerous weapon at or into one of these things:
- Railroad Engine
- Railroad Car
The place has to be occupied by other people. In order for it to be intimidation, your act has to make those people reasonably apprehensive of serious injury.
Alternatively, threatening to commit an act of Intimidation With a Dangerous Weapon can be intimidation. In order to be charged with intimidation for making a threat, the threat must have been raised a reasonable expectation that you were actually going to go through with it.
Class C Felony Intimidation
The elements of Class C felony intimidation with a dangerous weapon are the same as the elements of Class D intimidation. The difference is intent. In order to convict you of the C felony, the State must prove that you intended to injure someone. Alternatively, the State can prove that you intended to provoke fear or anger.
Intimidation necessarily involves a "dangerous weapon." Fortunately, "dangerous weapon" has a legal definition.
A dangerous weapon can be either of two things. Iowa Code 702.7.
First, "instruments or devices" designed to hurt or kill are "dangerous weapons." This means that like guns are per se dangerous weapons. There is an exception for bows and arrows. Bows and arrows used for hunting are not dangerous weapons. If you have a bow for another lawful purpose, it is also not a dangerous weapon.
Alternatively, anything can be a "dangerous weapon." If you use an object in a way that shows that you intend to kill or seriously injure someone, that object can be a "dangerous weapon."
"Serious injury" also has a statutory definition. Iowa Code 702.18.
For adults, a debilitating mental illness can be a seriously. Alternatively, bodily injuries are serious when they create substantial risk of death, cause serious permanent disfigurement, impair function of any body part, or require surgery involving general anesthesia.
For children under the age of four, "serious injury" also includes skull fractures, rib fractures, and metaphyseal fractures of the long bones.
Penalties for Intimidation with a Weapon in Iowa
Intimidation is always a felony. If you intend to hurt or scare someone, it is a Class C felony. Otherwise, it is probably a Class D felony.
- Class C Felony Intimidation With a Dangerous Weapon. Up to 10 years in prison. $1,370 minimum to $13,660 maximum.
- Class D Felony Intimidation With a Dangerous Weapon. Up to 5 years in prison. $1,025 minimum to $10,245 maximum fine.
You will have to pay an additional 15% crime services surcharge on any fine
If you get a deferred judgment instead of a conviction, you will pay a civil penalty instead of a fine. Civil penalties in the same amounts as criminal fines — for instance, if you get a deferred judgment on a theft 5th, you could get a civil penalty of $65 $105 instead of getting a criminal fine for $65 $105. There’s no additional 35% 15% surcharge for civil penalties, though.
Probation charges a $300 supervision fee.
You should expect to pay restitution for any damages you cause.
The county attorney might ask for the judge to order you to perform community service hours. You might have to pay a placement fee.
You need to talk to city of West Des Moines arsonist lawyers if you’re facing criminal charges.
If you cause injury or property damage in Iowa, you probably owe victim restitution.
The Court will establish a plan of restitution.
You probably already know that if you damage property (or injure someone) during a trespass, you will have to repay the person whose property you injured. You may be surprised to find out that you may also have to pay fines, civil penalties, and surcharges. Additionally, you may have to:
- Reimburse the crime victim restitution program.
- Contribute funds to a local anticrime organization that helped the police in your case.
- Pay court costs and correctional fees.
- Pay court-appointed attorney fees, including the expense of a public defender.
- Perform public service or community service if you can’t reasonably pay all or part of the court costs
Your payments have to go to the victims’ restitution order first, before your payments count toward fines, penalties, surcharges, crime victims compensation program reimbursement, public agency reimbursement, court costs, correctional fees, court-appointed attorney fees, expenses of a public defender, or contributions to local anti-crime organizations.
If the court orders you to pay restitution, your victim may file a restitution lien. Even when the court grants restitution, the victim can still sue you for damages.
Habitual Offender Enhancement for Intimidation
Iowa Code 902.8 can enhance felony intimidation charges.
Some people call a habitual offender enhancement the "third strike" rule. Do you already have two or more felony convictions? Convictions from anywhere in the United States count. If so, your next class C felony or class D felony conviction in Iowa makes you a "habitual offender."
Habitual offender convictions prevent you from getting parole for at least three years.