OWI & Possession Suppressed Evidence - Sac City, Sac County, Iowa. OWI first offense and possession of marijuana and paraphernalia dismissed after judge grants defendant’s motion to suppress evidence. Driving privileges spared.
2nd OWI Amended - Altoona, Polk County, Iowa. OWI second offense amended to simple misdemeanor of public intoxication.
Assault NOT Guilty - Urbandale, Polk County Iowa. Client found NOT guilty by jury of Assault with a Dangerous Weapon and Leaving the Scene of a Personal Injury accident.
OWI Dismissed - Knoxville, Marion County, Iowa. Operating While Intoxicated (DUI) charge dismissed after judge found the stop of client’s vehicle to be illegal. Driver’s license reinstated.
First OWI/DUI Amended - Des Moines, Polk County, Iowa. OWI/DUI First Offense amended to reckless driving after judge concluded that client’s right to phone calls was improperly restricted by arresting State Trooper. Driving privileges spared.
First OWI Amended - Des Moines, Polk County, Iowa. Operating While Intoxicated, 1st Offense amended to Reckless Driving.
OWI 2nd Offense - Carroll, Carroll County, Iowa. OWI 2nd Offense. Defendant’s motion to suppress evidence granted as a result of officer providing inaccurate information to defendant at the time he made his decision to submit to a breath test. Driving privileges spared and charges dismissed.
Sexual assault, or sexual abuse in the State of Iowa, can generally be describe as a sex act between persons performed either against the will of the other or without the other persons legal consent.
Degrees of Sexual Assault
There are varying degrees of sexual assault which encompass all ranges of sexual offenses from misdemeanor sexual abuse to felony sex assault and what many consider to be rape. The degree of offense and corresponding sentence depends upon the alleged force used to perpetrate the offense, position of the alleged perpetrator to the alleged victim, injuries sustained by the alleged victim, and the age of both the alleged perpetrator and alleged victim.
Sexual Abuse Registry
In the State of Iowa all sexual assault convictions require placement on the sex abuse registry and those involving minors require compliance with Iowa’s 2000 foot residency restriction.
Lifetime Parole Possible
Additionally, certain felony sex assaults require special parole periods where the convicted offender is on parole for the remainder of their life, and when second offenses are involved, special sentencing requirements may impose a life sentence where a first offense for the same sexual assault may only require an indeterminate term of imprisonment. Some offenders may also be subject to civil commitment as a sexually violent predator even after the completion of the prison sentence.
Iowa Sexual Assault Laws
It would take an entire website devoted specifically to Iowa’s sexual assault laws to thoroughly explain each and every offense and each and every possible applicable consequence for a conviction of those offenses but the following are some of the general broader categories of offenses and possible punishments.
1st Degree Sexual Assault
Sex Abuse in the First Degree: When in the course of committing sexual abuse, the person causes another serious injury.
Serious injury includes:
Disabling mental illness;
Bodily injury which does any of the following:
Creates a substantial risk of death;
Causes serious permanent disfigurement;
Causes protracted loss or impairment of the function of any bodily member or organ.
Injury to a child that requires surgical repair and necessitates the administration of general anesthesia.
Penalty: First Degree Sex Abuse is a Class A Felony requiring life imprisonment without the possibility of parole.
2nd Degree Sexual Assault
Sex Abuse in the Second Degree: Four Separate Alternatives
Commits sex act while displaying a dangerous weapon in a threatening manner;
Dangerous weapon is “any instrument or device of any sort whatsoever which 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 used is capable of inflicting death upon a human. This includes among other things, any offensive weapon such as a firearm, knife having a blade exceeding five inches, or razor.
Use or threatening to use force that would create a substantial risk of death to any person;
Actual injury is not necessary just a real danger of death or serious injury.
Victim under the age of 12; or
Knowledge of age is completely irrelevant.
Aiding and abetting another in committing sexual assault through force or against the will of the victim.
Penalty: Sex Abuse in the Second Degree is a Class B forcible felony requiring mandatory prison sentence of 25 years. It is also subject to the 70% rule for certain forcible felonies meaning that the individual must serve 70% of his/her time before even being eligible for parole.
Also carries with it the “special sentence” requirement which places the individual in the custody of the Director of the Iowa Department of Corrections for the rest of his/her life and in essence the individual is on lifetime parole which can be revoked and a 2 year term of imprisonment for a violation may be imposed for a first offense and 5 years for each subsequent offense.
Second Offense for Sexual Assault 2nd or 3rd Degree requires life imprisonment.
3rd Degree Sexual Assault
Sex Abuse in the Third Degree: Is divided into two subsections:
Commits a sex act against another by force or against the will not rising to the level of First or Second Degree; and
Alleged victim is incapable of consent or there is a special relationship between the defendant and alleged victim. This subsection is broken down into 6 additional subsections:
Alleged victim is suffering from a mental defect or incapacity which precludes the person from giving consent;
Alleged victim is 12 or 13 years of age;
Alleged victim is 14 or 15 and the defendant is a member of the same household;
Alleged victim is 14 or 15 and the defendant is related by blood or affinity to the 4th degree;
Alleged victim is 14 or 15 and the defendant is in a position of authority and uses it to coerce the participants submission; or
Alleged victim is 14 or 15 and the defendant is 4 or more years older than the alleged victim.
Penalty: Sex Abuse in the 3rd Degree is a Class C Felony carrying with it a 10 year term of imprisonment as it is a forcible felony. However, two theories of Sex Abuse in the 3rd Degree are not forcible felonies and the court can grant probation. These include:
Sexual abuse between spouses; or
If the conviction for felony sexual assault involves an alleged victim that is 14 or 15 and the defendant is more than 5 years older and the “sexual assault” was not by force or against the will of the alleged victim.
Sexual Abuse in the 3rd Degree is also subject to the “special sentence” of lifetime parole.
A second offense for felony Sexual Abuse in the 3rd Degree requires life imprisonment.
From our offices in Des Moines, IA, we give high-quality representation to people throughout the State of Iowa, including Polk, Story, Dallas, Warren, Jasper, Boone, Poweshiek, Guthrie, Madison, Marion, Johnson, Linn, Blackhawk, Mahaska, Clarke, and Marshall.
Gourley, Rehkemper & Lindholm, PLC
303 Locust Street, Suite 200
Des Moines, IA 50309
(515) 226-0500 - Des Moines, Iowa
1-877-475-5297 - Nationwide Toll Free
DISCLAIMER: The information you obtain at this website is not nor is it intended to be legal advice. Anyone with a legal issue or problem, whether considering legal action or defending against a legal action, or anyone who has sustained injuries in an accident because of the negligence of another should always consult with a lawyer. The attorneys at Gourley, Rehkemper & Lindholm PLC welcome your calls, letters and e-mail. Contacting the law firm does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. The use of this website is subject to this disclaimer. You may use this site so long as you agree with the disclaimer. You may print the pages at this website so long as this disclaimer is included. Thank you for reading our disclaimer.