Under Iowa law, assault with a dangerous weapon is classified as an aggravated misdemeanor. To be convicted of this crime, a person must either use or display a dangerous weapon in connection with an assault.
It is important to note that if a person is convicted of this offense, they may face up to two (2) years in prison, a fine of up to $8,540.00, a 15% criminal surcharge, and $100.00 in court costs. An additional consequence of a conviction is the potential loss of the right to carry weapons.
In cases that do not involve firearms (as a gun is clearly considered a dangerous weapon under the law), a common question is what qualifies as a “dangerous weapon.” Iowa Code Section 702.7 defines a dangerous weapon, in pertinent part, as follows:
A “dangerous weapon” is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed, except a bow and arrow when possessed and used for hunting or any other lawful purpose. Additionally, any instrument or device of any sort whatsoever that is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon another, and which, when so used, is capable of inflicting death upon a human being. . .
After handling cases for well over a decade, I’ve found that a “dangerous weapon” can encompass a wide range of items. While it may be unlikely that a court would consider something like a pillow to be a dangerous weapon, I have seen beer mugs, pool cues, and motor vehicles classified as such.
I receive many calls from individuals with questions about assault with a dangerous weapon after their case has concluded—particularly because they were unaware that they could lose their gun rights. There are often ways to avoid losing these rights if you are charged with this offense, but these issues must be addressed before appearing in court to enter a guilty plea. In some cases, a defense attorney may even be able to have the charges dismissed without the need for trial.
Simply put, if you are charged with assault involving a dangerous weapon, it is critical to contact a criminal defense attorney as soon as possible so you can be guided in the right direction.