What Is "Self Defense" In Iowa?

         Recent news events have had many people wondering whether they are legally allowed to defend themselves against an assault.  Maybe you're one of them.  Maybe you know you can defend yourself, but find yourself wondering, how "far" you can go - that is, how much force you can use to defend yourself against the force of another person.

          In Iowa, the defense of "self-defense" is called "justification."  Simply put, one who raises that defense is claiming he was justified in doing what he did based on the circumstances.  When someone uses the Justification Defense, he admits doing an act that would be considered a crime as a general rule, but then seeks to demonstrate some legally sufficient excuse that takes that act outside of the criminal law.  Something like, "Sure I hit him (admission), but he was going to hurt my children (legally sufficient excuse)

The defense is codified (made part of the written law) in Iowa Code § 704.3, which provides:

A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any imminent use of unlawful force.

          Iowa Code § 704.6 sets certain limits on the defense,  It says the Justification Defense is not available to one who initially provokes the use of force against oneself (cannot have "started it") by one's unlawful acts, unless:

a. Such force is grossly disproportionate to the provocation, and is so great that the person reasonably believes that the person is in imminent danger of death or serious injury or

b. The person withdraws from physical contact with the other and indicates clearly to the other that the person desires to terminate the conflict but the other continues or resumes the use of force.

          Essentially, Self Defense cases boil down to whether what you did to defend yourself was reasonable given all the circumstances.  What is reasonable is a question for a jury.  If you're charged with assault but you feel like you acted in self defense, you will need to present the case to a jury to decide. If you or anyone you know needs an attorney who will be willing to put your assault case to a jury, please contact JHD Law at (515) 875-4818, www.jhdlawfirm.com, via Twitter @jonahhammerdyer.