QUESTION

if i have never been in jail and i get arrested for assult with bodily injury what punishment will i face?

Asked on Sep 18th, 2011 on Criminal Law - Iowa
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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Punishment assumes that you either plead guilty or are found guilty in a trial.  You have the right to make the State prove its case beyond a reasonable doubt.  I would suggest contacting an attorney who can discuss the various options, including a possible deferred judgment which would place you on probation and if you successfully complete probation, dismiss the charge. If you cannot afford an attorney, one could be appointed for you by the court. Sentencing involves many factors.  I have a discussion of sentencing on my website www.robertpetersonlaw.com .  Additionally, I have a link to a sentencing grid for most offenses on my website. If you were charged with assault causing injury under Iowa Code section 708.2(2), this is a serious misdemeanor in Iowa.  Prison/Jail varies from a maximum of one year to a minimum of 0 days in jail.  Fines vary from $1875 to $315, with a 35% surcharge on the fine, Restitution for the victim's injuries will probably be ordered, as will court costs and attorney fees if you have a court appointed attorney. The court may also order a course designed to prevent violence in the future.  The judge has discretion to order sentencing within the above ranges, and the sentence will depend upon the circumstances and recommendations of the county attorney.  I would highly suggest obtaining an attorney immediately.
Answered on Sep 25th, 2011 at 12:45 PM

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