"Can I Be Charged With Assault If I Didn't Touch Anyone?"

          I'm asked it over and over - "How can I be charged with Assault if I didn't actually touch anyone?"  

          The answer is simple, but not very well known.  Here in Iowa, an assault is:

1. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or, 

2. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act; or,

3.  Intentionally pointing any firearm toward another, ordisplaying in a threatening manner any dangerous weapon toward another.

(Iowa Code section 708.1 (2012))

      

          Notice that none of the above require actual physical touch to qualify as an assault.  It only requires an act which is either intended to cause physical contact or which would make someone afraid of physical contact. Also, any pointing of a firearm or dangerous weapon toward another person is assault.

          Whether or not the act you're accused of doing qualifies as an assault can be a complex legal determination.  If you, a family member, or a friend have been charged with assault, or are otherwise involved in Iowa's complex legal system, you are strongly encouraged to contact my office for a free, initial consultation. Contact JHD Law today at (515) 875-4818, www.jhdlawfirm.com, or via Twitter @jonahhammerdyer.