Follow-up: Penalties and Consequences for Assault and Domestic Abuse Assault

In one of our previous posts, we discussed the difference between Assault and Domestic Abuse Assault and mentioned that a subsequent post would discuss the penalties and consequences of both.  

Iowa Code Section 708.2 contains the penalties for general Assault.  Here is a brief summary:
  1. Assault with the intent to inflict a serious injury upon another =  aggravated misdemeanor.
  2. Assault that causes bodily injury or mental illness = serious misdemeanor.
  3. Assault while using or displaying a dangerous weapon = aggravated misdemeanor.
  4. Assault without the intent to inflict serious injury, but that still causes serious injury = class “D” felony.
  5. Assault using any object to penetrate the genitalia or anus of another person = class “C” felony.
  6. Any other assault = simple misdemeanor.
Iowa Code Section 708.2Acontains the penalties for Domestic Abuse Assault (“DAA”).  Here is a brief summary:
 
                For 1st offense:
  1. Domestic abuse assault = simple misdemeanor.
  2. Domestic abuse assault that causes bodily injury or mental illness = serious misdemeanor.
  3. Domestic abuse assault with the intent to inflict a serious injury upon another, or while using or displaying a dangerous weapon = aggravated misdemeanor.
                For 2nd offense:
  1. If 1st offense was a simple misdemeanor, and 2nd offense is a simple misdemeanor = serious misdemeanor.
  2. If 1st first offense was a simple or aggravated misdemeanor, and 2nd offense is a serious misdemeanor, or 1st offense was classified as a serious or aggravated misdemeanor, and 2nd offense is a simple or serious misdemeanor = aggravated misdemeanor.
  3. If 3rd or subsequent offense = class “D” felony.

**NOTE: an offense will be considered a prior offense even if it involved a different victim.**

While there are some similarities between the two types of offenses (i.e. bodily injury/mental illness = serious misdemeanor, intent to inflict a serious injury = aggravated misdemeanor, using/displaying a dangerous weapon = aggravated misdemeanor), the consequences for Domestic Abuse Assault have some additional nuances that the consequences for Assault do that.  For example, if a person is convicted of a Domestic Abuse Assault, he or she must serve a minimum term of 2 days, which is not eligible for suspension, and the court can impose harsher maximum sentences and fines.  After a 3rd or subsequent offense of Domestic Abuse Assault, a person is denied parole or work release until he or she serves a minimum of 1 year and is not eligible for a suspended or deferred sentence or a deferred judgment.  Furthermore, in some Domestic Abuse Assault cases, the court may enter, modify, or extend a no-contact order (potentially for a period of five years).  

Though this comparison does not address all of the similarities and differences, it hopefully points out that knowing the distinctions between the two are important, because even though the offenses themselves are quite similar (as discussed in the previous post), the punishment for Domestic Abuse Assaults is often much more extensive than it is for general Assaults.  If you are in need of more information on either type of offense, please visit the Stowers Law Firm.
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One thought on “Follow-up: Penalties and Consequences for Assault and Domestic Abuse Assault

  1. Can domestic abuse assault be considered as a criminal offense? If so, can one get a criminal lawyer or is it more appropriate if she gets a family decree lawyer? Bethany Morrison

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