Legal Question in Criminal Law in Iowa

my son had a home invasion by a man wielding a baseball bat. he struck my son twice aiming for his head and was blocked by my sons forearm. my sons 11 yr old daughter was in that apartment as well. my son did what he could do to get the man out verbally but when the man turned toward his daughter my son got physical. he used a fist to this mans mouth the man fell out of the apartment door and hit cement face first face down. the mans head had injury as well as his partial plate was broken. my son was charged with willfull injury but was found guilty of assault WITHOUT INTENT with serious injury. i want to know how to get him out of prison. he got not more than 5 yrs. the law says he took his self defense "too far" and the judge said he was making my son an "example to other vigilantes" i am in shock. so are all of us. what can we do?


Asked on 4/20/11, 4:57 pm

1 Answer from Attorneys
Todd Miler Miler Law Firm

If you are still within 30 days of the sentencing hearing, you can file an appeal. Unfortunately no bond is available while the appeal is pending on a forcible felony and its possible that your son will have been released from prison by the time the appeal is ruled upon. If it has been more than 30 days, he can file an application for post-conviction relief. The prison can make those forms available for him to get that started.

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Answered on 4/21/11, 5:18 am


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