Legal Question in Criminal Law in Iowa

Hi

I was in an altercation christmas eve. me and son in law drank too much, got into a fight. I was in my bedroom sleeping and he came in and confronted me and it resulted in a fight. I got 18 stitches in my arm, broken toe and cracked rib. he only got a bruise on face..he pressed charges, i did not so i went to jail and was charged with assault causing bodily injury or mental illness and my bond was set at 1000. bailed out in 3 hrs. will this be a simple misdemanor or serious misdemanor? Do i have grounds to plead inncent beings he came into my bedroom? we live together..its my home. i support him and my daughter and there baby. tahnks for advice. i go to court jan 4.


Asked on 12/30/09, 6:33 pm

1 Answer from Attorneys
Todd Miler Miler Law Firm

Assaults can range from felonies to misdemeanors, depending upon the facts and circumstances. You can always plead not guilty. The state is always required to prove guilt beyond a reasonable doubt, and often in fights it is difficult to prove the initial aggressor or intent. The fact that you sustained more serious injuries than he did should assist you in your case. You do have the right to have an attorney.

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Answered on 1/05/10, 5:56 am


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