Assault There's No Case Too Complex

Des Moines Assault Lawyer

Fighting Assault Charges with Innovative and Aggressive Strategies

In Iowa, assault can be charged as a misdemeanor or a felony, which means that a court can impose severe penalties upon a conviction. It also means that if you're found guilty, you could feel the effects for the rest of your life. Unless you take specific action to have an eligible assault charge or conviction removed, the mark will remain on your record forever. Because anyone can access your record, important decisions concerning your future can be influenced by your criminal history, even if it's a mistake you learned and grew from. To seek to avoid the harsh consequences that follow an assault accusation, reach out to an attorney who will aggressively and relentlessly fight your charge.

Backed by over 65 years of combined experience, our team at Branstad & Olson is ready to provide the defense you need. Our Des Moines assault attorneys have prevailed in even the most complex cases, achieving favorable results for past clients. While we know previous successes do not guarantee future results, we also know the hard work and dedication needed to protect our clients' rights and freedoms. We can put our knowledge, skills, and resources to work for you.

We provide personalized legal representation and will take the time to learn about you and your case. Schedule a free consultation by calling our Des Moines assault lawyers at (515) 329-3100 or contacting us online today.

Iowa's Assault Laws

Iowa has several laws concerning assault, which are enumerated in Iowa Code Chapter 708. Generally, the statutes provide that it's illegal for a person to cause or attempt to cause harm to another.

A few examples of the state's assault laws are as follows:

Iowa Code § 708.1 - Assault

Under this law, it's illegal for a person, with no justifiable reason, to:

  • Commit an act:
    • To cause injury or pain to another, or
    • To physically contact another in an insulting or offensive manner, and
    • Have the ability to complete the conduct; or
  • Commit an act:
    • That will make another reasonably fear harm is imminent, and
    • The harm will cause pain, injury, insult, or offense, and
    • Have the ability to carry out the act; or
  • Intentionally:
    • Aim a gun at someone, or
    • Display a dangerous weapon at another

Iowa Code § 708.2A - Domestic Abuse Assault

This statute provides that a person commits an offense when they assault a family or household member.

Family or household members are defined as:

  • People who live together
  • Separated spouses or people divorced from each other but not living together
  • People who have a child together (whether or not the individuals are or have been married or living together)
  • People who lived together in the previous year before the assault but are not currently living together

Iowa Code § 708.2C - Assault in Violation of Individual Rights

This law prohibits conduct considered a hate crime.

An assaultive hate crime is one in which an act was carried out because of the alleged victim's actual or perceived:

  • Race,
  • Color,
  • Religion,
  • Ancestry,
  • National origin,
  • Political affiliation,
  • Sex,
  • Sexual orientation,
  • Age, or
  • Disability

Iowa Code § 708.3 - Assault While Participating in a Felony

Under this law, a person commits an offense when they assault someone during the commission of a felony.

Iowa Code § 708.3A - Assaults on Persons Engaged in Certain Occupations

This statute specifically concerns assaultive offenses committed against:

  • Peace officers,
  • Jailers,
  • Correctional staff,
  • Board of parole employees,
  • Health care providers,
  • Department of Human Services employees,
  • Department of Revenue employees, or
  • Firefighters

Iowa Code § 708.3B - Inmate Assaults

This law prohibits acts involving bodily fluids (blood, semen, urine, and feces) engaged in by correctional facility inmates.

Penalties for Assault in Iowa

As mentioned earlier, assault can be charged as a misdemeanor or a felony. The level depends on the specific conduct involved, and the penalties are tied to the level of charge.

Below are some of the conviction penalties for assault in Iowa:

Simple Misdemeanor

Penalties include:

  • Up to 30 days in jail and/or
  • Up to $855 in fines

Offenses include:

  • Simple assault (no aggravating factors present, such as causing serious bodily injury or displaying a dangerous weapon)

Serious Misdemeanor

Penalties include:

  • Up to 1 year in jail and/or
  • Up to $2,560 in fines

Offenses include:

  • Assault causing bodily injury or mental illness
  • Simple assault on a person in a certain occupation

Aggravated Misdemeanor

Penalties include:

  • Up to 2 years in jail and/or
  • Up to $8,540 in fines

Offenses include:

  • Assault with intent to seriously injure another
  • Assault involving the use or display of a dangerous weapon
  • Hate crime resulting in bodily injury or mental illness

Class "D" Felony

Penalties include:

  • Up to 5 years in prison and/or
  • Up to $10,245 in fines

Offenses include:

  • Assault without intent to cause serious bodily injury but such a result happened
  • Hate crime with intent to inflict serious bodily injury
  • Assault while participating in a felony where no injury resulted
  • Assault on a person in a certain occupation when a dangerous weapon was displayed

Class "C" Felony

Penalties include:

  • Up to 10 years in prison and/or
  • Up to $13,660 in fines

Offenses include:

  • Assault involving anal or genital penetration
  • Assault during a felony resulting in serious injury to another

Can an Assault Conviction Be Expunged in Iowa?

An expungement allows for a person's criminal record to be sealed. This means that conviction information will not be available to the general public but can be accessed by authorities in limited circumstances. Some assault convictions can be cleared; others cannot.

Assault convictions that can't be expunged include:

  • Felony offenses
  • Domestic abuse assault
  • Assault involving the use or display of a dangerous weapon

In most other cases, the defendant can submit a request to the court to consider expungement of the assault offense.

The following eligibility criteria apply for this type of relief:

  • The conviction must have happened more than 8 years prior to the request being made
  • The defendant can't have pending criminal charges
  • The defendant cannot have had two previous deferred judgments
  • The defendant must have satisfied all financial obligations pertaining to their case

Contact Branstad & Olson Today

Our assault lawyers in Des Moines understand the seriousness of these types of cases. That is why we will do what is necessary to aggressively fight for you.

Hire a zealous advocate who will ensure that your voice is heard. Call our Des Moines assault attorneys at (515) 329-3100 or submit an online contact form today.

Recent Case Victories

Never Settling for Less Than the Best Possible Result
  • Murder 1st Degree Not Guilty– Jury Trial
  • Vehicular Homicide Not Guilty - Trial
  • Murder 1st Degree Not Guilty– Jury Trial
  • Suppression Leading to Dismissal Reversed and Remanded
  • Appeal - Administrative Reversed and Remanded
  • Possession of Marijuana Not Guilty– Jury Trial
  • Indecent Exposure Not Guilty– Jury Trial
  • Criminal Mischief Not Guilty– Jury Trial
  • Assault with Intent to Commit Sexual Abuse Not Guilty – Jury Trial
  • Robbery 1st Degree Not Guilty– Jury Trial

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  • Over 65 Years of Collective Experience
  • Thousands of Cases Successfully Handled
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  • A Genuine Care for Our Clients' Best Interests
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