Iowa assault causing bodily injury. This paragraph does not apply if section 708.

Iowa assault causing bodily injury 1, and 708. 6% African American, and 11. Penalties include: Up to 1 year in jail Amy Rasmussen pleaded guilty to two counts of assault causing bodily injury via an Alford plea1 in exchange for the dismissal of a related simple misdemeanor charge. 1 A person commits an assault when, without justification, the person does any of the following: a. §708. 2B. Without knowing more it is impossible to know how much someone would ask for in damages. 3A(3) (2016), an aggravated misdemeanor. Want to Learn More?REQUEST A TRAINING Stay InformedJOIN OUR MAILING LIST. 1, with the intent to inflict a serious injury upon another, is guilty of an aggravated misdemeanor. Iowa Code § 708. Bodilyinjurywhichdoesanyofthefollowing: A person who commits an assault, as defined in section 708. Apersonwhocommitsanassault,asdefinedinsection708. Simple assault. 2 (2022); domestic abuse assault by strangulation resulting in bodily injury, a class "D" felony, in violation of sections 236. 2A(2)(B) DOMESTIC ABUSE ASSAULT CAUSE BODILY INJURY/MENTL ILLNSS(SRMS. Previous If a person is convicted of the D felony, causing bodily injury, they are eligible for a deferred judgment since the crime is not considered a forcible felony under Iowa law. IA. 18, which states as follows: 1. 2 Penalties for assault. He was 22 years old on the day of the booking. The State charged the defendant with two counts of assault causing bodily injury in violation of Iowa Code sections 708. 708. 1, committed against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee N. 6 or 708. One week prior to trial, the State moved to amend the trial information to charge Defendant with willful injury causing bodily injury. The Bill may disproportionally impact African American individuals if the Prior to 1976, simple assault was not defined in the Iowa Code. After all of the evidence was in, the State asked the court to instruct the jury that “marks” constitute an injury for purposes of assault. c. 1 - Assault defined 1. A serious misdemeanor, if the older individual assault causes bodily injury or mental illness. A defendant appeals his convictions for two counts of assault causing bodily injury, second-degree sexual 708. A class “C” felony, if the person causes serious injury Finally, an assault can be pointing a gun at someone or "displaying a weapon in a threatening manner. Defense counsel objected and suggested a definition of In Iowa, the two most common types of assault are: Assault causing bodily injury: An "assault" causing redness, bruises, scratches, or cuts on another person. A misdemeanor assault charge intending serious injury carries up to 2 years in prison and an $8,540. See Iowa Code §§ 727. “Olderindividualassault”meansanassault,asdefinedinsection708. An aggravated misdemeanor, if the domestic abuse assault is committed with the intent to inflict a serious injury upon another, or if the person uses or displays a dangerous weapon in connection with the assault. Since we hold that the amendment of the trial information from assault causing bodily injury to assault while using or displaying a dangerous weapon resulted in Allen being charged with a wholly new and different offense and was 708. 2(1)). Johnson appeals. How much were the medical bills; was there medical insurance; how much was covered by the ins; is there subrogation; how much was not covered; how much is still owed; did the victim's parents pay and if so how much; how did the fx bone Luke was later charged by trial information with domestic abuse assault impeding breathing or circulation of blood causing bodily injury, a class “D” felony, in violation of Iowa Code sections 708. or fire fighter, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor. 2D - Older individual assault — mandatory minimums, penalties enhanced — extension of no-contact order. “Seriousinjury”meansanyofthefollowing: a. 2(2) ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS. Domestic Assault; Simple assault: simple misdemeanor; Causing bodily injury or mental illness: serious misdemeanor; With intent to inflict a serious injury: aggravated misdemeanor; Causing serious injury (when you didn't intend to cause serious injury): Class 2020 Iowa Code Title XVI - CRIMINAL LAW AND PROCEDURE Chapter 708 - ASSAULT Section 708. 22-1968 Filed December 18, 2024 STATE OF IOWA, Plaintiff-Appellee, vs. Any act which is intended The law of assault in Iowa is statutory, meaning there is a written law on how a person should be charged. PDF: Section 708. Meet Our Team; Join Our Team; Areas of Practice. 2A Domestic abuse assault--mandatory minimums, penalties enhanced--extension of no-contact order. 1 and 708. Domestic abuse assault strangulation: Domestic abuse assault strangulation refers to the act of knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person 708. 4(2) (#FECR002430 M SRMS 708. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to b. 2(2) (2015), with respect to striking his stepfather. 18 Seriousinjury. 2A(5); and willful injury causing serious injury, a class "C" felony, in violation of Iowa Strangulation Laws. 1-451 / 09-0146 Filed November 9, 2011 STATE OF IOWA, Plaintiff-Appellee, vs. The Iowa Supreme Court has stated that causing bodily injury and causing mental illness are alternatives that comprise a single element of the crime . 3A(2) relates to assaults with the use or display of a dangerous weapon in connection with an assault and establishes such assaults as a Class D felony under current law. Apersoncommitsanassaultwhen,withoutjustification 1 DEFINITIONS, §702. 4(1), a class “D” felony. See Iowa Code § 708. Any act which is intended to cause pain or injury to, or Assault. The intent to cause a serious injury is not an element of assault causing bodily injury. Current as of January 01, 2024 | Updated by FindLaw Staff (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes causing bodily injury or mental illness. This charge carries a variable fine between $430 and $2,560 If the assault causes bodily injury or mental illness, it is classified as a serious misdemeanor. BRYAN O'NEIL WATKINS, Defendant-Appellant. He admitted: on or about March 20, 2022, in Mitchell County, Iowa, I did an act, which was not justified with the specific intent to cause a serious injury to J. 1988) (holding assault causing bodily injury under Iowa Code section 708. ” II resulting in bodily injury, a class “D” felony, and assault causing bodily injury or mental illness, a serious misdemeanor. Offender Lookup - Iowa (IA) CerroGordo Clinton Dallas Dickinson Dubuque Hardin Johnson Linn Marshall Polk Scott Story Warren Woodbury Arrest Records Database - Former Iowa State defensive lineman Nicholas Kron was sentenced to one-year probation, 100 hours of community service and fined $430 on Thursday after pleading guilty to misdemeanor assault . Appeal from the Iowa District Court for Marion County, Martha L. This paragraph does not apply if 708. 1 (1975). Under Iowa law a person commits willful injury causing serious injury when a person “does an act which is not justified and which is intended to cause serious injury to another ․ [and] the person 708. 3A(3), a defendant commits the crime ofassault on a correctional officer, KEAGEN MARSHELL MEYER was booked on 1/12/2025 in Polk County, Iowa. Before trial, 708. Bruce, 795 N. Primary Sidebar. 1 and 707. This paragraph does not apply if section 708. 4(1) sets forth the elements of the crime of willful injury causing serious injury. A misdemeanor However, the Class D felony version of willful injury is not a forcible felony under Iowa law. A misdemeanor assault charge causing bodily injury carries up to 1 year in the county jail and a $2,560. The Honorable David M. Iowa Code section 709. An aggravated Aggravated Misdemeanor Assault: If you either intended to cause serious injury to another but did not, committed an act of assault against a protected employee, or your assault is considered a hate crime and causes physical injuries or mental JOLYN MARIE BEAVER was booked on 12/3/2023 in Polk County, Iowa. ch. 2A 708. 01. A person commits an assault when, without justification, the person does any of the following: a. For If you are charged with an assault in Iowa, I would highly recommend you speak with a defense attorney before moving forward on your own with the assault charge. We affirm. SRCR348776 (assault causing bodily injury and second-degree harassment), and AGCR354864 (interference with official acts inflicting injury, three counts of assault on persons in a certain 2021 Iowa Code Title XVI - CRIMINAL LAW AND PROCEDURE Chapter 708 and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor. 10–11. A simple misdemeanor, except as otherwise provided. Information pertaining to the Iowa Legislature as well as the Executive and Judicial branch in as much as they relate to the legislative branch Assault in violation of individual rights — penalties. They are simple misdemeanor assault, serious misdemeanor assault, and aggravated misdemeanor assault. 00 fine. He was charged with F FELD 708. Results; Testimonials; Blog; Video Resources; GRL Raw Podcast; Straight Dope; Law ‘Splaining; Dos and Don’ts; GRL Law’s Victory Vault; One of the most common offenses is assault. Simple misdemeanor assault is the most common assault-related charge we see, and can entail up to 30 days of jail time and a fine ranging from $105-$855. 18 702. Previous Interferes with Official Act Causing Bodily Injury (Serious Misdemeanor) Public Intoxication (Simple Misdemeanor) Brown is now in the Johnson County jail on $5,000 bond. A bodily injury is typically any injury that will heal and carries no risk of death nor In the state of Iowa, assault is a serious offense. 99 Acts, ch 65, §5; 2013 Acts, ch 90, §184. In Iowa, assault causing bodily injury or mental illness is a criminal offense. A jury found Quintero Vazquez guilty, and he was sentenced to twenty days in jail. Iowa Legislative Information System: Iowa Code 2001: Section 708. The minutes established that Re: assault causing bodily injury . 6, 708. 2 (2) mean? Lawyer's Assistant: Has anything been filed or reported? Customer: yes Lawyer's Assistant: Anything else you want the lawyer to know before I connect you? Customer: yes what does criminal traffic mean? assault causing bodily injury 1978 (srms) and 708. Iowa Code § 694. 4 conviction for first-degree burglary, in violation of Iowa Code section 713. If convicted, an (Alford) to assault causing bodily injury. feenstra sworn in to 3rd IN THE COURT OF APPEALS OF IOWA No. She was 20 years old on the day of the booking. 4 (2005). A simple assault can also be He agreed to plead guilty to assault causing bodily injury, as charged, and to serve 180 days (concurrent with unrelated state and federal sentences) and pay a $430 entry mistakenly listed the offense as assault with intent to inflict serious injury, citing Iowa Code section 708. ). 2, 2019); App. It was at this time the Swanson, 423 N. 3A - Assaults on persons engaged in certain occupations. It means that the defendant is accused of intentionally causing physical harm to another person or causing them to suffer from a mental illness as a result of the assault. The parties tried the case to a jury. The trial information alleged Meek had a prior conviction for domestic abuse assault. Porter presided. 1(1)(f) (2017), and domestic abuse assault causing bodily injury, in violation of Iowa Code section 708. A A person who commits an assault, as defined in section 708. Domestic Assault; Simple assault: simple misdemeanor; Causing bodily injury or mental illness: serious misdemeanor §708. 1 Assaultdefined. (filed Apr. A simple misdemeanor for a domestic abuse assault, except as otherwise provided. Disabling mental illness. 2(2) ASSAULT CAUSING BODILY INJURY-1978 (SRMS). PDF: RTF §708. 3A(3) relates to assault causing bodily injury or mental illness and 1 DEFINITIONS, §702. Background Facts and Proceedings A person who commits an assault in violation of individual rights, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor. In the written 1 ASSAULT, §708. 7, or is armed with a firearm, the person commits a class 2011 Iowa Code TITLE XVI CRIMINAL LAW AND PROCEDURE SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS CHAPTER 708 ASSAULT 708. 1(2)(a) (2022), 708. Murphy Rings in New Year with First DOT Win of 2025; COURT ORDERS RETURN OF $$$ SEIZED DURING TRAFFIC STOP; 31-year-old nathaniel parker was convicted of assault causing bodily injury, which is a serious misdemeanor. ANGELA MOZAK was booked in Polk County, Iowa for M SRMS 708. State of Iowa v. Forthepurposesofthischapter,“domesticabuseassault”meansanassault,asdefined organ. He recognizes that because his Penalties for assault. A class "D" felony, if the person causes bodily injury to another. Willful injury was added, in a separate section, to encompass those acts intended to cause serious injury which do result in either serious or bodily injury. 2(5) ASSAULT CAUSING SERIOUS BODILY INJURY (NO INTENT). CODE § 708. If convicted, an Customer: In the State of Iowa: What does Body injury 1978. abuse assault by strangulation causing bodily injury, pursuant to Iowa Code section 708. 4. Disablingmentalillness. | A serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness. A person who commits an assault in violation of individual rights and uses or displays a dangerous weapon in connection with the assault, is guilty of a class "D" felony. 4 The State later dismissed the charge against Thomas. 2A(5) (2016). Gundersen filed a notice of appeal on June 25, 2020. Second Offense Family dynamics can sometimes become tense, and, unfortunately, disputes can escalate into physical altercations. The jury found McCombs guilty of the lesser-included charge of willful injury causing bodily injury in violation of Iowa Code section 708. 2 (2) Lawyer's Assistant: Because laws vary from Iowa Code (Last Updated: December 05, 2016) Title XVI. (Iowa Code § 903. Amended by 2013 Iowa, ch 90, s 184, eff. A. Bodily injury which does any of the following: violates this subsection and in so doing commits an assault, as defined in section 708. DOMESTIC ABUSE ASSAULT; and causing bodily injury, the person commits a Class D felony. _____ Appeal from the Iowa District Court for Black Hawk County, David P. (eluding), SRCR348776 (assault causing bodily injury and second-degree harassment), and AGCR354864 (interference with official acts inflicting occupations causing bodily injury, in violation of Iowa Code section 708. 3 Swington appeals. 3A Assaults on persons engaged in certain occupations. In 2020, Reed entered a written guilty plea to the child endangerment charge in exchange for the dismissal of the misdemeanor assault charge. 2A(1), (3)(b) (2007), possession of marijuana in violation of section 124. Any act which is intended 2023 Iowa Code Title XVI - CRIMINAL LAW AND PROCEDURE Chapter 708 and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor. Onafirstoffenseofolderindividualassault 708. d. 1, which is domestic abuse as defined in section 236. 4 What's This? 708. 2A(2)(b). It 708. 00 fine. In the state of Iowa, assault is a serious offense. The definition of “serious injury” in Iowa is provided by Iowa Code section 702. If you have any The State charged Defendant with, among other offenses, assault causing bodily injury. A class “D” felony, if the person causes bodily injury to another. McSheehy says the police injury, causing serious injury or bodily injury, use of a dangerous weapon, simple assault, and use of an object to penetrate the genitalia or anus of another. 3A(3), a defendant commits the crime ofassault on a correctional officer, 2022 Iowa Code Title XVI - CRIMINAL LAW AND PROCEDURE Chapter 708 - ASSAULT Section 708. b. 2 Penaltiesforassault. M. He claims he received To start, you should note that there are three types of assault here in the state of Iowa. 4 • Santiago Higinio Diaz Aguirre made an initial appearance on an assault causing bodily injury or mental illness charge. PARKER HAS BEEN Elizabeth Virginia Steinbron, 40, Oelwein, assault causing bodily injury or mental illness. Serious injury is defined in the code at section 702. 2(1). Brent Allen Meyers , 45, Denver, dogs/cats/livestock running at large. 31-YEAR-OLD NATHANIEL PARKER WAS CONVICTED OF ASSAULT CAUSING BODILY INJURY, WHICH IS A SERIOUS MISDEMEANOR. 1,withtheintenttoinflict aseriousinjuryuponanother The penalties for assault causing bodily injury in Iowa depend on the severity of the offense and are categorized as misdemeanor or felony charges. At the February hearing Goyette challenged the reasonableness of the restitution payment by the Crime Victim Assistance Program (CVAP) and sought a separate hearing to determine the 708. Sometime Class D Felony Offense Committed: Willful Injury - Causing Bodily Injury (Feld) - National Crime Information Center (NCIC) Code: 708. App. 5. Johnson was convicted following a jury trial of one count of assault causing bodily injury, in violation of Iowa Code sections 708. I *Deputies arrested 21-year-old Tyler James Grubb of Henderson, Iowa, for Domestic Assault causing Bodily Injury and Child Endangerment. Booking Number: 240011608 Booking Date: 9/18/2024 10:43:00 AM A serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness. 2A(2)(b) (2022). EARL BAUGH III, for assault causing bodily injury and going armed with intent merged into the . Iowa Code section 708. Forthepurposesofthischapter,“domesticabuseassault”meansanassault,asdefined IN THE COURT OF APPEALS OF IOWA No. ” The court accepted Davis’s plea, finding “from an examination of Defendant’s written guilty plea and from a review of the 708. intent “to cause serious injury” as opposed to intent “to cause pain or injury. The mental illness component of the charge can mean that the victim has experienced severe emotional distress, trauma, or other One of the most common offenses is assault. Current as of January 01, 2024 | Updated by FindLaw Staff (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including AFTER ABOUT EIGHT HOURS OF DELIBERATIONS, A WOODBURY COUNTY JURY HAS CONVICTED A SIOUX CITY MAN CHARGED WITH FIRST DEGREE MURDER OF A LESSER COUNT. The State charged him with assault on persons in certain occupations causing bodily injury, in violation of Iowa Code section 708. 4(2 A class "C" felony, if the person causes serious injury to another. 1, committed Under Iowa Code 708. 1, the person commits an aggravated misdemeanor. 3A(3) relates to assault causing bodily injury or mental illness and House File 570 creates a Class D felony for assault against a pregnant person when the assault causes bodily injury or mental illness, or when a dangerous weapon is used or displayed in Iowa’s population is 84. “Older individual assault” means an assault, as defined in section 708. IA Code § 708. CRIMINAL LAW AND PROCEDURE : Chapter 708. In concluding that the charge of willful injury causing bodily injury was not wholly new and different from assault causing bodily injury, the In addition to simple assault, there is the serious misdemeanor-assault causing bodily injury- and aggravated misdemeanor-assault causing serious injury. Booking Number: 230026104 Booking Date: 11/19/2023 1:21:00 AM Gundersen was charged with willful injury causing serious bodily injury, in violation of Iowa Code section 708. 3(1)(a) (2018), and assault with intent to commit sexual abuse causing bodily injury in violation of section 709. 4(2) (#08291FECR002430) May 17, 2001 New Potential Criminal Offense Class D Felony Offense Committed: Willful Injury - Causing Bodily Injury - National Crime Information Center (NCIC) Code: 708. ASSAULT Chapter 708. 1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care Assault Causing Bodily Injury amended About. An aggravated misdemeanor, if the domestic abuse assault is committed with Texas Penal Code - PENAL § 22. 1 Assault defined. A An assault causing bodily injury is a serious misdemeanor punishable by at most one year in jail and a fine ranging from $315 to $1875. 3 - Assault while participating in a felony. 401(5), and obstruction of emergency communications in violation of section 727. After considering the trial record, we conclude there is sufficient evidence to support the guilty verdicts. 2(2) (1987) is not a lesser included offense of assault with intent to inflict serious injury under Iowa Code section 708. 1 ASSAULT, §708. Jones with third-degree kidnapping and domestic abuse assault causing bodily injury for the events occurring on November 30, 2007. charged him with assault causing bodily injury. ” Compare Iowa Code § 708. Course of Proceedings and Facts The State charged Allen by trial information on April 2, 2019 with two offenses: third-degree criminal mischief and assault causing bodily injury. Simple assault: An assault causing no injury. 5% Caucasian, 3. charge this rather than assault causing bodily injury. Any act which is intended to cause pain or injury to, or 708. Misdemeanor Charges. Is guilty of a class “D” felony if the person thereby causes any person a bodily injury other than a serious injury. Just because a person is eligible for a deferred judgment does not mean that the person will automatically receive a deferred judgment. 7/1/2013. 3A(3) (2019), and interference with official acts resulting in bodily injury, in violation of section 719. 3A (2022) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. ” Iowa Code § 702. He now appeals the denial of his motion for judgment of acquittal, arguing the State’s evidence “amounts to only suspicion or speculation that an assault [took] place. Any person who does an act which is not justified and which is intended to cause serious injury to another commits willful injury, which is punishable as follows: 1. He claims the district court considered improper factors, including the danger Kimbrough poses to his children and a juvenile conviction. The penalties for an assault conviction can vary based on the circumstances. 2,ASSAULT 2 3. The information also charged Thomas, Allen’s mother, with assault while displaying a dangerous weapon. Assault. 2, subsection 2, paragraph “a”, “b”, “c”, or “d”. A person who commits an §708. AGCR349516 and FECR359608. 3. 19-0733 STATE OF IOWA, Plaintiff-Appellee, vs. Odekirk, Judge. 1,ofanolder individual. W. 2. Is guilty of a class “C” felony if the person thereby causes serious injury to any person. Jury Instruction for Willful Injury. 5. Any person who does an act which is not justified and which is intended to cause serious injury to another Marshall County Courthouse Court Oct. 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. 2A, willful injury causing serious injury is a Class C felony, punishable by up to 10 years imprisonment and a fine between $1,370 and $13,660. Lindemann asserts several errors: (1) the treating physician impermissibly vouched for the credibility of the complaining witness, (2) the district court abused 708. A person who commits an assault, as defined in section 708. 2(2), 708. Help Support TISPDonate Online » Keep Updated on TISPLatest News » Join Us Now & stay informed. 4 Willful injury. 1,ASSAULT 2 reasonablyforeseeableincidentofsuchsportoractivity,anddoesnotcreateanunreasonable 708. 2023 Iowa Code Title XVI - CRIMINAL LAW AND PROCEDURE Chapter 708 A serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness. 1, committed against a peace officer, jailer, correctional staff, health care provider, or fire fighter, whether paid Contact our Iowa assault attorney by calling (515) 200-2787 today! Types of Assault. 1, with the intent to commit sexual abuse: 1. Id. 1 outlined possible punishments for a conviction of assault and assault and battery, but it did not define the necessary elements of assault. 1(1)(c). Penalties for assault. A serious • Iowa Code section 708. 2A Domestic abuse assault — mandatory minimums, penalties enhanced — extensionofno-contactorder. The specific intent elements are thus different. Bruce Eric Johnson appeals his conviction for assault causing bodily injury, alleging his trial counsel provided ineffective assistance by failing to ensure the appropriate instructions were given to the jury. kaufmann unsure if he will continue to chair iowa gop. The two counts of assault causing bodily The State charged Gordon with assault causing bodily injury. 16-0892 Filed July 19, 2017 STATE OF IOWA, Plaintiff-Appellee, vs. It has explained that “[u]nder Iowa Code sections 708. 2A. On a first offense of domestic abuse assault, the person commits: a. 1 (2019). Domestic abuse assault — mandatory minimums, penalties enhanced — extension of no-contact order. On February 7, the state filed a trial information charging him with assault causing bodily injury under Iowa Code section 708. Powers pled guilty to a lesser charge of assault causing bodily injury, a serious misdemeanor. Many in violation of Iowa Code section 719. 1, and who causes bodily injury or mental illness, is guilty of a serious misdemeanor. Section 708. Julie Cutler is appointed as counsel. Treatment of domestic abuse causing bodily injury or mental illness. and my act caused bodily injury to the other person. An b. Assault that causes bodily injury is a serious misdemeanor under Iowa law. Finally, Watkins challenges the application of the habitual-offender enhancement to his conviction for willful injury causing serious injury. Universal Citation: IA Code § 708. 1, against a peace officer, jailer, correctional staff, health care provider, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, health care provider, or fire fighter, and who causes bodily injury or mental illness, is guilty of But Pella police chief Shane McSheehy said he had previously been charged with assault causing bodily injury after he allegedly assaulted a school counselor in February. She was charged with O SRMS 708. He agreed to plead guilty to assault causing bodily injury, as charged, and to serve 180 days (concurrent with unrelated state and federal sentences) and pay a $430 entry mistakenly listed the offense as assault with intent to inflict serious injury, citing Iowa Code section 708. 2d 1 (Iowa 2011). • Iowa Code section 708. 3A (2021) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. 8 applies. Cmelik Law PLC An assault causing bodily injury is a serious misdemeanor punishable by at IN THE COURT OF APPEALS OF IOWA No. See Iowa Code §§ 708. among other things, domestic abuse assault causing bodily injury in violation of Iowa Code sections 708. On assault causing bodily injury, in violation of Iowa Code section 708. Assault Causing Bodily Injury amended Iowa Car Accidents; Recent Results; Testimonials; Uncategorized; Wills, Estates and Probate; Wrongful Death, Serious Injury; Recent Blogs. 1(2) and 708. Continue reading to learn more. The crime is considered an aggravated misdemeanor, if the assault is committed with the intent to inflict a serious injury upon another, or if the person uses or displays a dangerous weapon in connection with the assault. On January 4, 2007, the court accepted Goyette’s plea, ordered deferred judgment with probation, and set a restitution hearing for February 8, 2007. 2A(1), and 708. Simple assault is a misdemeanor in Iowa. The State charged Cameron with and tried him for first-degree murder, a class "A" felony, in violation of Iowa Code sections 707. Further, outside the context of drug trafficking and recidivist statutes, we have disallowed 1 ASSAULT, §708. Gundersen was sentenced to 120 days in jail. Since we hold that the amendment of the trial information from assault causing bodily injury to assault while using or displaying a dangerous weapon resulted in Allen being charged with a wholly new and different offense and was 1. The other charged Jones Marshall County Courthouse Court Oct. An aggravated misdemeanor, if the domestic abuse assault is committed with the intent to inflict a serious injury upon another, or if the person uses or displays a dangerous weapon Under Iowa Code 708. IN THE COURT OF APPEALS OF IOWA No. Trial Info. 00: M SRMS 708. For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in section 708. injury causing serious injury, assault causing bodily injury, domestic abuse assault with intent to inflict serious injury, and domestic abuse assault causing bodily injury. 18 as occurring when the assault causes: (1) disabling mental illness, (2) bodily injury which creates a substantial risk of death, (3) bodily injury which causes serious permanent disfigurement, and (4) bodily injury which causes protracted loss or impairment of the function of any bodily member or organ. Bodilyinjurywhichdoesanyofthefollowing: 2023 Iowa Code Title XVI - CRIMINAL LAW AND PROCEDURE Chapter 708 - ASSAULT Section 708. A class “”C”” felony, if the person causes serious injury to another. _____ Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge. In other words, it could be as simple as placing fear in another person that they are going to be harmed. Davis signed a written guilty plea to the charge, in which he stated, “I did assault a peace officer in uniform causing bodily injury. 4(1) (2019). McCombs guilty of the lesser-included charge of willful injury causing bodily injury in violation of Iowa Code section 708. Any act which is intended to cause pain or injury to, or Powers awaits sentencing, requests fine. 2 - Penalties for assault 1. In July 2022, the State and Luke entered into a written plea agreement willful injury causing bodily injury and domestic abuse assault by impeding the normal breathing of J. 2d 560, 562 (Iowa Ct. 2d 915, 919 (Iowa 1985), overruled on other grounds by State v. Less severe injuries may result in a Class D felony, with penalties including up to five years imprisonment and a fine between $1,025 and $10,245. Wrongful Death & Serious Injury; Criminal Defense; DUI Defense; Government Accountability; Wills, Estate & Probate; Resources. 1. If a person violates this subsection and in so doing inflicts or attempts to inflict bodily injury other than serious injury to another, displays a dangerous weapon, as defined in section 702. 5 ASSAULT, §708. 1245(4), § 529. Rasmussen stipulated the minutes of testimony contained strong evidence that could establish guilt beyond a reasonable doubt and a jury could find her guilty. 2021 Iowa Code Title XVI - CRIMINAL LAW AND PROCEDURE Chapter 708 - ASSAULT Section 708. Grubb was held on a $2,000 bond. top of page. 1, of an older individual. Lawyer: RobertJDFL A serious misdemeanor in Iowa is punishable by up to one year in jail and a fine of between $315 and $1,875. 2(2) (2021), both seri-ous misdemeanors, and one count of simple assault, a simple misdemeanor in violation of Iowa Code section 708. 9% other races. 1(1), 708. ASSAULT . Any act which is intended to cause pain or injury to, or A person who commits an assault, as defined in section 708. f feld 708. Justin Zobel appeals from his convictions and sentences for domestic abuse assault causing bodily It's important to understand the difference between assault and domestic assault charges in Iowa. 2(2) (2020) and child LEE THOMAS PICKREL was booked in Polk County, Iowa for O SRMS 708. 3A. Allen with criminal mischief and a different assault offense—assault causing bodily injury, a serious misdemeanor. 2(5) assault causing serious bodily injury (no intent) AFTER ABOUT EIGHT HOURS OF DELIBERATIONS, A WOODBURY COUNTY JURY HAS CONVICTED A SIOUX CITY MAN CHARGED WITH FIRST DEGREE MURDER OF A LESSER COUNT. " Contact our Iowa assault attorney by calling (515) 200-2787 today! Types of Assault. 1, with the intent to inflict a serious injury upon another, is guilty of an aggravated 708. 3 (2018). On January 13, Bixenman contacted the Board to self-report his arrest, and on January 21 he filed a written self-report. I. A class “”D”” felony, if the person causes bodily injury to another. 2(2) (1995). Serious injury means any of the following: a. The State also dismissed the criminal mischief count against Allen. Because the record does not support Kimbrough’s claims, we affirm. On a first offense of older individual assault, the person commits: a. Assault defined. PARKER HAS BEEN Johnson denied making contact with his mother. A serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness. An assault as defined in this section is a general intent crime. A person who commits an assault, as defined in § 708. 18 (defining a “serious injury”). This is assuming the person has no prior felonies on their record. In the 1975 Iowa Code, section 694. 1 708. Mertz, Judge. JOLYN MARIE BEAVER was booked on 12/3/2023 in Polk County, Iowa. | Below are some of the conviction penalties for assault in Iowa: Simple Misdemeanor. 1. 2,ASSAULT 2 708. 11(2), following a jury trial in March 2019. 4. 2(2) ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS (NO INTENT) Individuals obtaining information from this web site should verify accuracy through the arresting agency or Any person who commits an assault, as defined in section 708. A(5). A class “C” felony, if the person causes serious injury to another. 1 A jury found Gundersen guilty of the lesser included offense of assault causing bodily injury. JUSTIN JAMES ZOBEL, Defendant-Appellant. Any other assault, as defined in section 708. 2(5) assault causing serious bodily injury (no intent) 01/12/2025 04:01 am : 25-74: 01/12/2025 04:01 am : jopd: 2: f feld 708. 2(2) ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS (NO INTENT) 03/21/2024 08:06 PM : 24-0091: 03/21/2024 08:06 PM : PCPD: 2: $ 0. SCOTT, Senior Judge. The court sentenced Miller to consecutive prison terms, twenty-five years for the sexual-abuse charge and five years for the assault charge. He argues the two counts of assault causing bodily injury should merge as should his conviction for second-degree sexual abuse and willful injury causing serious injury as a habitual offender. Anassaultasdefinedinthissectionisageneralintentcrime. David A. In Texas, assault involving bodily injury to a family member is taken very seriously and can lead to severe legal SCOTT, Senior Judge. 2D b. 2. N. 1,andusesordisplaysa dangerousweaponinconnectionwiththeassault,isguiltyofanaggravatedmisdemeanor. It involves knowingly causing physical injury or making threats to cause injury to another person. 2(6). udaqju xpwhm ksas gijzs yrlfm lnamse badxmdus smqbg dcfiwdtd vcamou