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Assault

Keeping people from physically attacking them is one of the core reasons for criminal law existing, so it makes sense that the laws surrounding unwanted, offensive touching or threats of harm would be strict and have severe penalties. However, assault charges can stem from exaggerated or false claims, or even when the so-called victim was the aggressor and the accused was merely acting out of self-defense.

Des Moines Assault Lawyer

If you face assault charges, our skilled criminal defense attorneys at McCarthy & Hamrock, P.C. can fight for your rights and defend you. A Des Moines assault lawyer from McCarthy & Hamrock, P.C. can expose the weaknesses in the case against you, and seek to suppress inadmissible evidence. We have more than four decades of experience representing those accused of crimes like assault, and you can rely on that experience for your defense. Call us today at (515) 279-9700 to schedule a consultation to discuss your assault charges.

We represent those facing assault charges across the Des Moines area, including in West Des Moines, Johnston, Ankeny and Urbandale, and throughout Polk County and Dallas County. We also represent people all over the state of Iowa.


Defining Assault in Iowa

Assault is defined in Iowa Code 708.1. The law establishes assault as a legally unjustifiable act that:

This covers a broad array of potential acts, and can range from a physical attack to a mere threat of physical violence. The key for a charge surrounding a threat is that the victim must have had reason to believe that the suspect could carry the threat out.


Punishment for Polk County Assault

The amount of punishment depends largely on the circumstances surrounding the alleged assault, and what prosecutors can prove about the circumstances. If prosecutors can prove that there was intent to cause pain or injury, but no such injury caused then the charge is a simple misdemeanor, punishable by up to 30 days in jail and a fine from $65 to $625.

If, however, the assault actually causes an injury or a mental illness, and prosecutors can prove it, then the charge is a serious misdemeanor. A serious misdemeanor is punishable by up to a year in jail and a fine from $315 to $1,875. It a deadly weapon was used, or the intent was to cause serious injury, then the charge is further upgraded to an aggravated misdemeanor, punishable by up to two years in prison and a fine from $625 to $6,250.

Some assault charges can be felonies. If a serious injury results, then it is a Class D felony, punishable by up to five years in prison and a fine from $750 to $7,500. If the assault caused an object to penetrate the genitals of anus, then it is a Class C felony, punishable by up to 10 years in prison and a fine from $1,000 to $10,000.

Any charge involving a law enforcement officer or certain other public servants will upgrade the charges. For example, what would have been a simple misdemeanor on anyone else become a serious misdemeanor if done to a police officer.

Any assault will be on your record, and will make you seem like a violent criminal. A Des Moines violent crime attorney can employ a full arsenal of defenses. In addition to pointing out the holes in the prosecution’s case and seeking to suppress inadmissible evidence, he can put forward affirmative defenses. For example, maybe you only used force in self-defense.


McCarthy & Hamrock, P.C. | Polk County Assault Attorney

You don’t have to accept a criminal record showing you as a violent, aggressive person. A Des Moines assault lawyer can fight for your rights and advocate for you. At McCarthy & Hamrock, P.C., we have more than four decades of experience fighting for the rights of the accused. Contact us today at (515) 279-9700 for a free consultation.

Tell Us About Your Case

How would you like to be contacted?

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

* All fields are required.

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Testimonials

" Aaron, words cannot begin to tell you how appreciative I am of you/your firm, for all you did in my legal matter these past few months. Today was a great day. I think you for your professionalism/tenacity in getting my case suppressed/dismissed! Thank You Very Much. "

-M.H.

" I want to again thank you both for the deft, calm and professional manner in which you handled my case. Legal competence is often lacking these days, but you folks are truly skilled in representing a client, at least in my book. You made a potentially horrible situation bearable. I would highly recommend you to anyone, should that situation present itself. "

-Greg R.

" I just wanted to thank you for representing me in my criminal case. Honestly, I probably wouldn't be where I am if it wasn't for you! So THANK YOU from the bottom of my heart! "

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