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Per Iowa Code § 708.1, “a person commits an assault when, without justification, the person does any of the following: 1. 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 execute the act. 2. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act. 3. Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another.
Simple assault is a simple misdemeanor punishable by fines ranging from $65 to $650 and at most 30 days in jail. An assault causing bodily injury is an indictable serious misdemeanor punishable by fines ranging from $315 and $1875 and at most a year in jail. The display of a dangerous weapon or the intent to cause serious injury makes an assault an aggravated misdemeanor, punishable by fines ranging from $625 and $6,250 and a sentence as long as two years in prison. Causing a serious injury makes an assault a Class D felony punishable by fines ranging from $750 to $7500 and an indeterminate prison sentence of five years. Hate crimes, or, violations of individual rights, enhance classifications and thus penalties for assaults.
The model jury instruction for assault in Iowa is as follows and according to the evidence:
1. On or about the _____ day of _________, 20___, the defendant did an act which was intended to [cause pain or injury] [result in physical contact which was insulting or offensive ] [place (name of victim) in fear of an immediate physical contact which would have been painful, injurious, insulting or offensive] to (victim). 2. The defendant had the apparent ability to do the act.
If the State has proved both of the elements, the defendant is guilty of Assault. If the State has failed to prove either of the elements, the defendant is not guilty. There are multiple ways to commit an assault in Iowa. If you or a loved one has been charged with assault, please call David A. Cmelik Law PLC at 319-389-1889 or contact the law firm at www.daclawfirm.com. Remember, however, that a blog is not legal advice and no attorney-client relationship is created by reading a blog or by sending unsolicited information to an attorney over the Internet.
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