Legal Question in Criminal Law in Iowa

Last month my son and I got into a scuffle. I ended up breaking his nose. I have been charged with DOMESTIC ABUSE ASSAULT- INJURY OR MENTAL ILLNESS - 1ST OFF

First: In the state of Iowa, do they allow just 1 or are 2 differed sentences possible?

Second: The evening that this happened my son had been drinking and trying to start a fight with me. He yelled at me begging me to punch him in the face. I started to walk back to my bedroom to go to sleep for the night and my wife got in my way and was very mad at me. As I was trying to go around her my son thought that I was going to start a fight with her, so he started to come after me to defend his mom. I then took a defensive stand and threw a punch his way. I was just trying to scare him away. Unfortunately I connected with his nose and broke it. The cops were called and I spent the night in jail. Is there any way to get this charge reduced to something that doesn't hurt me when trying to get a job. Domestic abuse will hamper me in trying to get a job.


Asked on 9/16/14, 4:25 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

If you're going to argue self defense or some sort of accident theory, plead not guilty and go to trial. I would suggest you obtain the services of a competent attorney to represent you as this could be charged as a serious or aggravated misdemeanor. Chapter 708 of the Code has some useful information in it that pertains to your case..

http://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=708

The idea that one would throw a punch strong enough to break the other fellow's nose and convince the court that it was a mere accident strikes me as something of a hard sell and an uphill battle-which is why you need an attorney.

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Answered on 9/17/14, 6:06 am


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