Aggravated Sexual Assault
Sexual assault can result in serious life-changing penalties. When certain aggravating factors are involved in the crime, you can expect not just years but possibly decades behind bars. Aggravated sexual assault crimes in Iowa are high-class felony offenses and district attorneys are fully encouraged to prosecute the crime to the fullest extent of the law.
If you or someone you know has been charged with an aggravated sexual assault or sexual abuse offense, then we encourage you to get in contact with a defense attorney as soon as possible. The penalties associated with aggravated sexual assault are staggering and can mean fines, the label of being a sexual predator, and even prison time.
Sex Crimes Attorney for Aggravated Sexual Assault in West Des Moines, IA
Legislators in Iowa have imposed steep penalties for sex crimes, so offenders are deterred from committing them. If certain facts are proven to be true during the trial, it could mean enhanced penalties for the crime. That is why we highly suggest you gain legal representation if you’ve been charged with sexual abuse, sexual assault, or aggravated sexual assault.
A great option is to get in contact with McCarthy & Hamrock, P.C.. We have attorneys with years of sex crimes experience who are ready to assist you in any capacity. Get in touch with us at (515) 279-9700 to set up your first consultation for free. McCarthy & Hamrock, P.C. accepts clients throughout the greater Polk County and Dallas County area such as West Des Moines, Altoona, Ankeny, Polk City, Miniburn, and Adel.
Overview of Aggravated Sexual Assault in IA
- What Does Iowa Define as Aggravated Sexual Assault?
- Penalties for Aggravated Sexual Assault
- Additional Resources
What Does Iowa Define as Aggravated Sexual Assault?
The term “sexual assault” comes with a lot of stigmas, but when aggravating factors come into play it can enhance the penalties drastically. In Iowa, the term sexual abuse is used instead of sexual assault and it’s divided by certain degrees. If specific facts are proven to be true, then the crime can be elevated to an aggravated sexual offense charge.
Under Iowa Code Section 709.1, it states a person has committed sexual abuse when they commit a sex act in any of the following circumstances:
- The sex act is done by force or through threats;
- The victim was incapable of giving consent either because they were unconscious or under the influence of a controlled substance; or
- The victim had a mental defect or incapacity which precludes giving consent
The crime can be enhanced to an aggravated charge if specific circumstances were present during the offense. Under the Iowa Code, these crimes are referred to as sexual abuse in the second and first degrees. To be considered second-degree sexual assault you must have committed sexual abuse under any of the following circumstances:
- During the commission of the offense you displayed a dangerous weapon or used or threatened to use force that could create serious injury or a substantial risk of death;
- The victim is under the age of twelve; or
- You aided and abetted another person into committing sexual abuse
The term “dangerous weapon” refers to any device or instrument that was designed to or can create a substantial risk of death. Certain examples include firearms, knives longer than five inches, and razors.
A first-degree sexual abuse charge is when a person sexually assaults another and because of the crime, the other person sustained a serious injury. The Iowa Code defines a serious injury as any of the following:
- A disabling mental illness;
- Any injury on a child that requires surgery or general anesthesia; or
- A bodily injury that fits the following categories:
- Creates a substantial risk of death;
- Causes serious permanent disfigurement; or
- Causes protracted loss or impairment of a bodily member or organ
Penalties for Aggravated Sexual Assault in Iowa
Aggravated sexual assault can have various penalties depending on the facts of the case. If you were charged with second-degree sexual abuse, then you should expect a class B felony. The penalties for a class C felony include a massive fine as well as up to 25 years in prison.
Second-degree sexual abuse has enhanced penalties and is charged as a class A felony. This is the highest-level charge you can receive in the state of Iowa. A class A felony can lead to lifetime imprisonment without parole.
It’s important to remember you will likely be labeled as a sex offender because of your charges. Sexual abuse charges can lead to you being designated as a tier I sex offender. This means you’ll be obligated to post your photo, location, and crime online for the public.
Additional Resources
Iowa’s Coalition Against Sexual Assault – Visit the official website for Iowa CASA, the Coalition Against Sexual Assault a non-profit and non-partisan organization whose goal is to end sexual violence and provide resources for survivors. Access their site to find resources, advocates, and survivors stories as well as learn how you can get involved.
Iowa’s Laws for Date Rape – Visit the official website for Iowa’s Code to learn more about their sexual offenses. Access the site to learn the elements, penalties, admissible and inadmissible defenses, enhancement requirements, and other relevant information to sex crimes.
Aggravated Sexual Assault Defense Lawyer in Dallas County, IA
If you or someone you know has been charged with aggravated sexual assault, it’s imperative you seek legal representation you know you can trust. The attorneys at McCarthy & Hamrock, P.C. might be the right start. Our defense lawyers have been representing clients from sex charges for years.
Contact us now at (515) 279-9700 to set up your first appointment completely free. We will sit with you, come up with a defense plan and unveil all your legal options for your charges. McCarthy & Hamrock, P.C. represents people throughout the greater West Des Moines area including Adel, Waukee, Altoona, Polk City and Ankeny.