Dedicated And Experienced Iowa City Assault Lawyers
Among college students and others in our Johnson County area community, accusations of violent crimes often occur among people who have been drinking. Others have alleged domestic violence contexts. Cases may involve altercations that got out of hand or false accusations. No matter what actually happened, once the police and criminal justice system are in the picture, your need for experienced counsel and representation is critical.
Do not despair if you or your young adult child has been accused of a violent crime. The legal team at Fitzgerald, Klesner, & Pavelich, PLC, has been a reliable legal resource for people in Iowa since 1968. Our current defense attorney has more than 20 years of experience successfully representing clients in the Iowa City area against serious criminal charges. The sooner we come on board in your defense, the more legal options you have.
Experienced Iowa City Criminal Defense Attorneys
Our firm has stood by clients in Johnson County and the surrounding communities for over five decades. Criminal defense attorney Shawn Fitzgerald brings more than 20 years of focused criminal defense experience to every case. He has represented hundreds of University of Iowa students facing criminal charges and has developed a working relationship with the University of Iowa Dean of Students office, giving him a practical understanding of how criminal proceedings can intersect with university disciplinary processes. That connection matters when a student’s academic future is on the line alongside their legal one.
Whether you live in Iowa City, Coralville, North Liberty, or another nearby community, or whether you are a parent whose son or daughter attends the University of Iowa, our team understands the local courts, the local community, and what is at stake for you.
The Types Of Violent Crimes We Handle
Our defense attorneys represent young adults and clients of all ages charged with:
- Assault, including both simple assault and aggravated assault
- Murder
- Manslaughter
- Domestic violence
- Sexual assault
- Gun-related offenses
No matter what you’ve been accused of or the penalties you’re facing, we will do everything in our power to protect your freedom and future.
Helping You Fight Assault Charges
Was your assault arrest a result of a bar fight, a fraternity party disagreement that became physical or a family fight? Is your sexual assault case a question of consent? We have years of experience protecting the constitutional rights of our clients, including:
- College students, staff and faculty
- White collar and blue collar workers
- People from all demographics in Johnson County
You will naturally want to avoid penalties and repercussions, including jail time and fines. More importantly, you need to prevent having a criminal record if at all possible. At our firm, we work hard to help our clients find ways forward that give them renewed hope for the future.
What Are The Penalties For Assault In Iowa?
Iowa assault charges can carry serious consequences, with repercussions varying based on the severity of the offense.
Potential penalties include:
- Simple assault: A misdemeanor, punishable by up to 30 days in jail and fines from $105 to $855
- Assault causing injury: A serious misdemeanor, carrying up to a year in jail and fines between $430 and $2,560
- Assault causing serious injury: A Class D felony, punishable by up to five years in prison and fines of $1,025 to $10,245
- Felony assault: Severe cases, including repeat offenses or use of weapons, can be Class D or C felonies. Prison sentences can range from five to 10 years and fines approaching $13,660
Beyond criminal penalties, an assault conviction can impact firearm rights, employment opportunities and personal relationships. A strong defense can help you avoid these and other severe outcomes.
Is Assault A Violent Crime?
Assault is generally considered a violent crime because it involves physical harm or the threat of violence. While some incidents result in only minor injuries, others can be severe and life-altering.
For instance, a bar fight resulting in bruises might be considered simple assault, whereas using a dangerous object and causing significant injury could be classified as felony assault. Assault can also occur in nonphysical ways, such as threatening violence, brandishing a weapon or reckless behavior that puts others at risk.
In Iowa, charges may escalate if an assault involves aggravating factors, including the use of weapons, repeated offenses or targeting vulnerable individuals. The classification and severity determine whether a charge leads to misdemeanor or felony penalties.
Domestic Violence And Assault
When assault occurs between spouses, partners or family members, it is classified as domestic abuse assault in Iowa. This designation carries enhanced penalties and additional legal consequences.
- First-time offenses may be charged as misdemeanors, with penalties including jail time and fines
- Aggravated domestic assault involving weapons or serious injury, and certain domestic abuse assaults can lead to felony charges
- Protective orders may be issued to prevent further contact between the accused and the victim
Besides possible jail time, a domestic violence conviction can affect your child custody rights, as well as future employment and housing opportunities. Understanding the legal implications and seeking attorney guidance is essential for anyone facing such charges. Our team can help you assess your circumstances and create an appropriate defense.
Defending Those Facing Murder And Manslaughter Charges In Iowa
Murder and manslaughter are two types of homicide, which is the general term for when one person kills another person. While both these offenses involve taking a human life, there are important differences between them.
Murder is a more severe crime because it is characterized by intentional and, in some cases, premeditated actions. There are two types of murder charges in Iowa: first-degree and second-degree.
First-degree murder is the most severe homicide charge that exists because it is the intentional, premeditated killing of another person. First-degree murder is a class A felony that carries a life sentence.
Second-degree murder is a step below first-degree murder in severity. It is nebulous what exact factors can cause a person to be charged with second-degree murder. Second-degree murder is any murder that does not meet the criteria for first-degree murder. However, it is usually characterized by a lack of premeditation. Second-degree murder is a Class B felony, which carries a maximum prison sentence of 50 years.
Voluntary manslaughter is another charge associated with the unplanned killing of another person. This offense is characterized by a sudden, irresistible surge of violence in reaction to serious provocation. Voluntary manslaughter is a Class C felony for which the penalties are up to 10 years in prison and fines ranging from $1,370 to $13,660.
Involuntary manslaughter is the unplanned, unintentional killing of another person. Depending on the circumstances, it can be charged as a Class D felony or an aggravated misdemeanor.
Frequently Asked Questions About Assault Charges In Iowa
Can I still be charged if the alleged victim wasn't seriously hurt?
Yes. In Iowa, a person can be charged with assault even if the other person suffered no physical injury at all. Simple assault, which is a misdemeanor, can be based on an act that was intended to cause pain or injury, or that placed the other person in fear of immediate physical contact. The absence of serious injury does not prevent a charge from being filed, though it does affect how the charge is classified and what penalties may apply.
If you have been charged despite a lack of significant injury, that fact can still be an important part of building your defense.
What makes an assault a domestic assault in Iowa?
Under Iowa law, an assault becomes a domestic abuse assault when it occurs between people who share a specific relationship. That includes current or former spouses, people who live together or have lived together, people who are dating or have dated and been in contact within the year prior to the assault, and parents who share a child. The underlying assault conduct is the same, but the domestic relationship triggers a separate classification with enhanced penalties, mandatory minimum sentences in some cases, and additional consequences such as protective orders and impacts on child custody. The relationship between the parties, not the severity of the incident alone, is what triggers the domestic abuse designation.
When can I claim self-defense against a violent crime charge?
Iowa law recognizes the right to use reasonable force to defend yourself or others from what you reasonably believe is an imminent threat of harm. Self-defense can be a valid legal defense to assault and other violent crime charges, but it is not automatic.
An affirmative defense of self-defense can only succeed when the force used was proportionate to the threat faced. For example, deadly force is only justifiable self-defense in certain circumstances. Whether a self-defense claim will succeed depends heavily on the specific facts of your situation, including what happened before the incident, the actions of the other party, and what a reasonable person in your position would have believed. An experienced defense attorney can evaluate whether self-defense applies in your case and how to present it effectively.
Could I face expulsion if convicted of an assault?
Possibly, yes. University of Iowa students who are charged with or convicted of assault may face separate disciplinary proceedings through the university, outside of the criminal case. The university’s student conduct process operates on its own timeline and its own standards, meaning a student can face academic consequences even before a criminal case is resolved, or even if charges are reduced or dismissed. Potential outcomes through the university can include suspension or expulsion, depending on the nature of the conduct alleged. Attorney Shawn Fitzgerald has represented hundreds of University of Iowa students and has a working relationship with the Dean of Students office. That experience allows him to address both the criminal and the university sides of a student’s situation at the same time.
Act Now – We Offer Free Consultations
Do not put off getting legal advice if you are facing criminal charges for a violent crime. If you have experienced or may experience an arrest on suspicion of assault, homicide or sexual assault, you need reliable criminal defense counsel who knows the Iowa City courts and community.
We hope to hear from you soon, so our assault lawyers can explain how we can defend you right away and until the conclusion of your case. Contact us by calling 319-354-1712 or sending an email inquiry to schedule a meeting with one of our defense attorneys.