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Possession of an Offensive Weapon

Under Iowa law, the definition of an "offensive weapon" is set forth in Section 724.1. The crime of possessing an “offensive weapon” can be charged as a Class D Felony. A Class D felony is punishable by up to 5 years imprisonment and a potential fine of $750 to $7,500, plus 35% criminal surcharge and court costs.

An offensive weapon would not include an antique firearm, a collector's item, or any device which is not designed or redesigned for use as a weapon.

Attorney for Offensive Weapon Possession in Des Moines, Iowa

If you are charged with the Possession of an Offensive Weapon under Iowa Code section 724.3 then contact an experienced criminal defense attorney at McCarthy & Hamrock, P.C. in Des Moines, Iowa.

Our attorneys represent clients throughout the City of Des Moines or the surrounding areas of West Des Moines, Waukee, Urbandale, Johnston, Grimes, Carlisle, Ankeny, Altoona, Norwalk, Windsor Heights, Bondurant, Clive, or Pleasant Hill, Iowa. 

We also represent clients charged with weapon crimes in the greater Des Moines area including Polk County, Dallas County, Warren County, Madison County, Marion County, and Jasper County.

After an arrested by an officer with the Des Moines Police Department or another local law enforcement agency for any type of weapon offense, including offensive weapon possession, then contact our office to schedule a confidential consultation with an experienced attorney.

Call (515) 279-9700 today to discuss your case.


Elements of the Crime of Possession of an Offensive Weapon

Under Iowa law, the elements of Possession Of Offensive Weapon under Iowa Code section 724.3 include:

Under Iowa law, the term "knowingly" in the weapon statute merely requires that the defendant had knowledge that he or she possessed the weapon within the general meaning of such term. The prosecutor for the State of Iowa does not have to prove that he or she knew that the weapon was "offensive" as statutorily defined.


Definition of an Offensive Weapon in Iowa

Under Iowa law, an offensive weapon can include:


Weapons that DO NOT Qualify as an Offensive Weapon

Under Iowa law, the following types of weapons do not qualify as an "offensive weapon":

Other defenses exist that can be used to aggressively fight these types of charges. After an arrest for the crime of "Possession Of An Offensive Weapon" under Iowa Code section 724.3, contact an experienced Des Moines attorney to discuss your case.

Call (515) 279-9700. 


This article was last updated on Thursday, July 6, 2017.

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