Iowa Code § 709.1 defines sexual abuse broadly and then categorizes it into various degrees of sexual abuse. Depending on the circumstances surrounding the sexual assault, a person may be charged with sexual abuse in the first, second, or third degree.
All sex crimes offenses in Iowa carry serious punishments. However, the classification and consequences vary based on the severity of the sexual assault. If you or someone that you know has been charged with sexual assault, our sexual assault lawyers in Council Bluffs can help.
After a case evaluation with our criminal defense attorney, you will have a greater sense of which defense strategy will be used to fight toward winning your case. Put the knowledge, resources, and experience of Berry Law to work for you.
Legally Defining Sexual Assault
Any sex act between persons is sexual abuse by either of the persons when the act is performed with the other person in any of the following circumstances:
- The act is done by force or against the will of the other. If the consent or acquiescence of the other is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug-inducing sleep or is otherwise in a state of unconsciousness, the act is done against the will of the other.
- Such other person is suffering from a mental defect or incapacity which precludes giving consent or lacks the mental capacity to know the right and wrong of conduct in sexual matters.
- Such other person is a child.
Penalties and Punishment for Sexual Abuse in Iowa
The penalty in Iowa for sexual abuse varies depending on whether it is first-degree, second-degree, or third-degree sexual abuse:
- First-degree sexual abuse (Iowa Code § 709.2) is a Class A felony punishable by life in prison.
- Second-degree sexual abuse (Iowa Code § 709.3) is a Class B felony punishable by up to 25 years in prison.
- Third-degree sexual abuse (Iowa Code § 709.4) is a Class C felony punishable by up to ten years in prison and a $1,000 minimum and $10,000 maximum punishment.
Every state has rape and sexual assault laws that make it illegal to engage in sexual intercourse or other sexual actions with someone who does not or cannot give consent. A sexual assault lawyer in Council Bluffs, IA, can examine your case to advise you of sound legal options.
Reviews for Top-Rated Sexual Assault Lawyers in Council Bluffs
Because our legal firm was founded by an Iowa native, the work we do for Council Bluffs locals fills us with pride and leads to deeper ties. Our legal offices are growing and receiving positive client feedback, such as the ones below:
I was accused of a horrific crime I did not commit. John and his staff honestly did everything I could have hoped for and more. So glad John was the one we went with.
—David
I would like to say that I am ecstatically satisfied with the representation I have gotten being a client of Berry Law. I am even more pleased with the timely and thorough representation from attorney David Hoeser.
—E.B.
Justin does an amazing job when it comes to communication, explaining the process, and fighting for you. You can tell he cares and is very knowledgeable.
—M.W.
Berry Law is like no other I have seen before. They are professional, diligent, and responsive. Highly recommend them.
—D.B. (Client of Cameron)
I was assigned to Attorney William Kurtenbach, he was always very professional in the case. He was always looking for the best way to help me in my case.
—M.V.
After contacting Berry Law on a Saturday afternoon, one of their attorneys (David Tarrell) was already on the case by that same evening. The issue was resolved immediately with a very favorable outcome.
—M.W.
Their representation was unsurpassed in excellence in taking what I thought was an unwinnable situation and getting justice for me. They are truly the best in their field.
—Lee N.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Good Criminal Defense Lawyers Win Cases
Being accused of sexual abuse is a serious offense that can derail your life permanently. You risk severe repercussions, such as felony charges, years in state prison, and large fines if you are found guilty of sexual abuse.
Finding a good sexual assault abuse attorney in Council Bluffs, IA, can increase your chances of receiving a favorable outcome, including a not-guilty verdict. Don’t risk defending yourself and jeopardizing your ability to find a job, housing, or continue your education. A sexual assault charge greatly impacts your future.
Even in the face of extremely serious accusations, our Iowa sexual assault defense lawyer can vigorously defend you. Contact Berry Law to assist you in determining your legal choices and developing a plan that is specific to your case.