In Iowa, there are three common types of assault charges:
- Assault Causing Serious Injury with the intent to cause bodily injury
- Assault Causing Bodily Injury or Mental Illness
- Simple Assault resulting in no injury
I should note that there are other types of assault charges, such as Willful Injury Causing Bodily Injury and Willful Injury Causing Serious Injury. However, for the sake of this blog, I’m going to focus on the three assault charges mentioned in the first paragraph, as they are the most commonly charged.
I’ll start with the charge of Assault Causing Bodily Injury or Mental Illness, which appears to be the most frequently charged assault offense across Iowa. This charge carries a penalty of up to one year in jail, a $2,560.00 fine, a 15% criminal surcharge, and $100.00 in court costs. If convicted, you can also lose your ability to purchase or possess a firearm in Iowa under Iowa Code 724. Losing your gun rights also applies to a conviction for Assault Causing Serious Injury with the intent to cause bodily injury. However, the loss of gun rights does not apply to someone convicted of Simple Assault.
Additionally, if a no-contact order is in place against a defendant for an assault, they may lose their ability to possess a firearm for the duration of the no-contact order.
Regarding Assault Causing Serious Injury with the intent to cause bodily injury, this charge is the most likely of the three to result in jail or prison time because it typically involves the greatest harm to the victim. There is often some form of permanent disfigurement or disability resulting from the assault.
Lastly, there is Simple Assault. Although it is classified as a simple misdemeanor, it can weigh heavily against a person when seeking employment. Some employers will not hire someone with a crime of violence on their record. Even Simple Assault is considered a crime of violence.
Aside from losing your gun rights, a conviction for assault does not look good on a person’s criminal background when they are applying for jobs, as it is considered a crime of violence. Employers tend to avoid hiring individuals with known violent tendencies. I cannot emphasize enough how often people call me after pleading guilty to assault, seeking to have the conviction removed from their record because they are unable to find employment. It is very important to speak with a defense lawyer before entering a guilty plea or going to trial, so that you can weigh your options and fully understand the impact it could have on your future. Do not hesitate to call the Feld Law Firm to discuss the impact an assault charge can have on your record.