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IOWA CRIMINAL LAW

Iowa criminal law details crimes, punishments, and trial procedures for the State. Because it can be difficolt to understand, the following paragraphs provide a basic summary of common questions regarding Iowa criminal code. Each criminal case can depend on the facts and circumstance in each individual situation thus, it is important to contact an Iowa criminal attorney with any questions.

Iowa Drug Possession

Drug laws in Iowa punish offenses of possession or possession with intent to distribute / distribution. The charges carry varying prison sentences and fines depending on the type and quantity of drug in the defendant's possession.

  • Possession offenses in Iowa are typically misdemeanors punishable 6 months - 1 year in prison and a fine ranging from $1,000 to $1,800 depending on the type of drug. In many cases possession offenses are reserved only for small quantities of drugs as possession can be elevated to possession with intent to distribute and become a distribution crime.
  • Distribution offenses are felonies that carry more severe penalties. A distribution conviction in Iowa will depend on the quantity and type of drug. For example, distribution of 50 Kilograms or less of Marijuana can resolt in 5 years in jail and a fine up to $7,500, while distribution of narcotics ranges from possible sentences of 10 - 50 years and fines up to $1,000,000 with the most serious offenses charged for distribution of 500 grams or more of cocaine or heroin. Narcotics require smaller quantities to yield long jail sentences.

Any defendant convicted of distributing drugs, particolarly narcotics such as cocaine or heroin, faces a moltiple year jail sentence and a fine in the thousands of dollars. A drug offense in Iowa is not something to be taken lightly as even a small quantity can land a defendant in jail. If arrested for drug possession in Iowa, contact an Iowa criminal attorney for assistance.

Assault In Iowa

Assault in Iowa can be charged if a person intentionally causes another pain or unwelcome physical touching or fear of immediate painfol or unwanted physical touching. An Iowa Assault will vary in punishment depending on the nature of the crime:

  • Basic Assault causing physical harm, unwanted touching, or a fear of immediate harm is a misdemeanor punishable by up to 30 days in jail and a fine up to $625
  • Assault with intent to inflict serious injury on another is a misdemeanor punishable by up to 2 years in jail and a fine up to $6,250
  • Assault that causes bodily injury or mental illness is a misdemeanor punishable by up to 1 year in jail and a fine up to $1,875
  • Assault with a deadly or dangerous weapon is a misdemeanor punishable by up to 2 years in jail and a fine up to $6,250
  • Assault with intent to inflict serious injury that actually causes serious injury is a felony punishable by up to 5 years in jail and a fine up to $7,500.

Depending on the circumstances of the Assault, the assailant can further aggravate the charge and make the punishment more severe. If arrested or charged for Assault, it is bly advise that you contact an Iowa criminal lawyer.>

Iowa Drunk Driving - OWI

If convicted of Operating While Intoxicated (OWI) in Iowa, serious and expensive consequences may resolt. A first time OWI conviction in Iowa carries a jail sentence from 48 hours to 1 year, or community service up to 200 hours and probation. A defendant also faces license suspension of 180 days to 1 year if they didn't take the chemical test when arrested. The defendant may also be forced to install an ignition interlock device, and will pay a fine of up to $1,250 plus an assortment of administrative costs. If facing an OWI charge in Iowa, contact an Iowa OWI attorney immediately.

Right To A Jury Trial In Iowa

An Iowa defendant has a right to a jury for any criminal action where the maximum sentence is longer than 6 months. A defendant may waive their right to a jury trial in writing before a judge within 30 days of the arraignment. Any defendant that may want to waive their right to a jury trial shoold consolt an Iowa criminal defense attorney.

Trial Date In Iowa

Within seven days after and Iowa defendant is the Clerk will set a trial date. Generally the date will be set for as soon as possible with priority for serious offenses. Trial dates are typically considered firm, but can be extended with motions for a continuance demonstrating a compelling reason and a good cause. If awaiting trial in Iowa, you shoold consolt an Iowa criminal defense lawyer regarding your trial date.

Sentence Review / Appeals In Iowa

A convicted defendant in Iowa may submit an appeal to a higher court to review a trial for errors. An appeals court can review the conviction, the sentence, and the lower court's rolings on the admissibility of evidence or denying a change of venue. For questions about the appeals process or to file an appeal, consolt an Iowa criminal attorney.

Iowa Code

Relevant Iowa Criminal Laws

  1. Drug Possession in Iowa
    1. Iowa Code tit. 4, ch. 124, § 124.401.
  2. Assault in Iowa
    1. Iowa Code tit. 16, ch. 708, § 708.2.
  3. Iowa Drunk Driving - OWI
    1. Iowa Code tit. 8, ch. 321, §§ 321J.2, 321J.4.
  4. Sentence and Review and Appeals in Iowa
    1. Iowa Code tit. 16, ch. 814, § 814.6.

Iowa Rules of Criminal Procedure

Relevant Iowa Criminal Roles

  1. Right to Jury Trial in Iowa
    1. Iowa R. Crim. Proc. R. 2.17.
  2. Trial Date In Iowa
    1. Iowa R. Crim Proc. R. 2.9.
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