Someone who is convicted of misdemeanor assault in Iowa may be looking at a punishment of up to two years in jail as well as a fine and a criminal record. Then again, a defendant might—most likely with legal help—be able to get the charges reduced or dismissed, or obtain a not guilty verdict at trial.
Full Answer
In Iowa, misdemeanors are crimes that are punishable by up to two years in local or county jail. Iowa is distinctive in this way; in the vast majority of states, misdemeanors are punishable by up to one year in jail. Misdemeanors in Iowa are designated as aggravated, serious, or simple.
Someone who is convicted of misdemeanor assault in Iowa may be looking at a punishment of up to two years in jail as well as a fine and a criminal record. Then again, a defendant might—most likely with legal help—be able to get the charges reduced or dismissed, or obtain a not guilty verdict at trial.
If you are charged with assault, an Iowa criminal defense attorney will be able to tell you how your case is likely to fare in court based on the facts, and on the identity and typical approach taken by the local judge and prosecutor.
(Iowa Code Ann. § 708.1.) Examples of misdemeanor assault might include hitting, pointing a knife at, or threatening to hurt someone in a dark, deserted alley. The law does set certain limits on what can be considered an assault, however.
Aggravated misdemeanors are the most serious and simple misdemeanors are the least serious. Iowa Code section 805.8 also creates a class of offenses known as “scheduled violations.”. During your initial consultation, your attorney can help you understand the charges against you.
Under Iowa Code §903.1 (2), the penalty for an aggravated misdemeanor is imprisonment not to exceed two years in a facility operated by the Department of Corrections and a fine of not less than $625 but not more than $6,250.35. the court may impose a sentence of confinement for a determinate term of one year or less to be served in the county jail.
A scheduled violation is a violation of city, county, or state ordinance or statute for which the applicable penalty is a specific fine amount. The fine amounts are listed in Iowa Code sections 805.8A, 805.8B, and 805.8C.
Where an act is declared to be a public offense, crime, or misdemeanor, but no other designation is given, the act is a simple misdemeanor by definition under Iowa Code section 701.8. Iowa Code.
In Iowa, misdemeanors are crimes that are punishable by up to two years in local or county jail. Although less serious than a felony charge, being convicted of a misdemeanor can dramatically affect your life.
In the state of Iowa, misdemeanor charges are divided into three separate categories: simple, serious and aggravated. The category of your charge will determine the possible consequences if you are convicted.
When you’re charged with a misdemeanor, you can choose to fight the charges to avoid conviction. In order to fight the charge effectively, you will need assistance from an experienced criminal defense attorney. If you are successful in fighting it, you may be found not guilty of the charges against you.
Having a misdemeanor charge or conviction removed from your record is difficult in the state of Iowa – but with an attorney like Jessica, it is not impossible.
Iowa Code section 701.8. provides that when an act is declared to be a public offense, crime, or misdemeanor, but no other designation is given, the act is classified as a simple misdemeanor.
If you were charged with any type of misdemeanor, including an aggravated misdemeanor, serious misdemeanor, or simple misdemeanor, then contact an experienced criminal defense attorney at McCarthy & Hamrock, P.C. n Des Moines, Iowa.
A simple misdemeanor comes with a fine of at least $65 but not more than $625. If convicted of a simple misdemeanor, the court can also impose imprisonment for up to 30 days in the county jail may be ordered in addition to or in lieu of the fine.
Assaults on Protected Employees. Someone who assaults one of the following types of employees in Iowa can expect increased punishment, as explained below: law enforcement officers, correctional officers, and parole board members and employees. department of human services and department of revenue employees.
A felony assault is one that causes serious injury or occurs in the commission of another felony or sex crime. For more information, see Iowa Felony Assault Laws. Iowa also has a separate crime called assault with a dangerous weapon, discussed in Assault with a Dangerous Weapon in Iowa. All of these crimes, however, ...
Assault in Iowa will be punished as an aggravated misdemeanor when it is intended to cause serious injury, but does not actually cause serious injury, or is against a protected employee or constitu tes a hate crime and causes bodily injury or mental illness. Using or displaying a dangerous weapon can also be an aggravated misdemeanor, though if the weapon is intended to be used to injure or intimidate another person, the crime is treated as a felony. Aggravated misdemeanors are punishable by up to two years in jail and a fine of $625 to $6,250.
A serious misdemeanor assault in Iowa is punishable by up to one year in jail and a fine of $315 to $1,875 when it causes bodily injury or mental illness or is against a protected employee or is a hate crime. If no other law applies, Iowa law considers an assault to be a simple misdemeanor, punishable by up to 30 days in jail and a fine ...
Someone who is convicted of misdemeanor assault in Iowa may be looking at a punishment of up to two years in jail as well as a fine and a criminal record. Then again, a defendant might—most likely with legal help—be able to get the charges reduced or dismissed, or obtain a not guilty verdict at trial.
The prosecutor must show that the defendant was aware of the victim's occupation. Such awareness can often be presumed from the circumstances. For example, a defendant who commits an assault against a hospital doctor was presumably aware of the victim's occupation. (Iowa Code Ann. § 708.3A.)
Assaults between family and household members are considered domestic violence in Iowa . Perpetrators are subject to increased punishment and in many cases, mandatory treatment. Family and household members include people who live together or have lived together in the past years, spouses who are divorced or separated, people who have children together, and people who have recently dated one another. For more information, see Iowa Domestic Violence Laws.
If you’ve never been in trouble with the law before, you may not be all that familiar with terms like “felony” and “misdemeanor.” Put simply, these are the two key classifications of criminal charges. While misdemeanors are what you might consider “small-time crimes,” felonies tend to be more harmful and therefore more severely punished.
As I’ve said, misdemeanors and felonies are the big, overarching categories of criminal offenses. Here’s a closer look at some of the specific charges you may face in Iowa:
A first-time misdemeanor charge can’t be that big a deal, can it? After all, doesn’t a misdemeanor mean a “minor wrongdoing” or just a “mistake,” at least compared to a felony? How bad could a conviction really be if I’ve never been in trouble before? Why shouldn’t I just accept my fate, pay some fines, maybe do some community service, and move on with my life instead of spending money on a criminal lawyer?.
Many Colorado Springs residents charged with a first-time misdemeanor offense view the charges as “minor” since they don’t usually involve the harsh penalties that often follow felony convictions. But the reality is that a first-time Colorado misdemeanor conviction can have major long-term consequences.
It is true that Colorado law allows for the sealing or expunging of a misdemeanor conviction from criminal records, at least after many years pass. But sealing or expungement is not available for all misdemeanors. You will not be able to remove convictions for the following misdemeanors and infractions from your criminal record: