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Domestic Assault Laws May Require More Than Mere Threat

Domestic abuse and violence is a serious problem in Iowa as it is in many states across the country. Because it is such a complicated issue involving intimate relationships and sometimes unclear boundaries, police have a difficult decision to make when responding to incidents of domestic abuse. Law enforcement has a duty to protect people from violence, but in these domestic situations it can be difficult to determine fault or get a clear idea of what transpired. For this reason, people accused of domestic assault need the help of an experienced criminal defense attorney to defend themselves against accusations.

Domestic abuse is defined in the Iowa Code as an assault between members of a household or family, parents, or otherwise intimate partners. An assault is defined as a situation in which a person, acting without justification, does any act intended to cause pain or offensive contact with another person, or threatening such immediate physical contact. It can also be assault to brandish a deadly weapon in front of a person in a threatening manner, such as pointing a gun at someone.

There is an additional qualifying factor, though. In order to be guilty of assault by threat, it must be coupled with the apparent ability to execute the act. Therefore, outlandish threats of improbable violence or other undesirable outcomes may not be actual assault under Iowa law.

Let's face it, most intimate or married couples have arguments from time to time, and when things get heated, words can fly and things can be taken the wrong way. That is why some people, if they don't choose their words carefully, may end up being accused of domestic assault. Defending one's self against these charges, and all the negative consequences and embarrassment that come along with them, is no joke. An experienced Iowa defense attorney can help people in this uncomfortable situation.

Categories
  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Mason 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Mason
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
    J. Dean  Keegan Photo
  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Mason, graduated from the University ...
    Eric D. Tindal Photo
  • Andrea D. Mason Andrea D. Mason

    Attorney

    Experienced Criminal Defense in Iowa City Andrea D. Mason practices in the areas of white collar criminal defense, government ...
    Andrea D. Mason Photo

See What Our Clients Have to say

  • He was professional, knowledgeable and prompt. He was very effective in his communication.

    “He showed genuine concern with my matters. He described a plan of action. His information and demeanor were very reassuring. After the Hire: He was professional, knowledgeable and prompt. He was very ...”

    - David
  • I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.

    “I was stopped for an OWI. Dean took things as far as he could with the appeals process, finding every way possible to keep me driving in the meantime (which I needed to do for my job). Dean argued the ...”

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SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • Operating While Intoxicated Record Expunged

    Johnson OWCR106890. Attorney Dean Keegan's client received an Operating While Intoxicated, a serious misdemeanor. After reviewing the videos, Mr. Keegan filed a Motion to Suppress arguing the officer denied his client's right to make a phone call. The State declined to present testimony at the hearing and the Motion to Suppress was granted, making the client eligible for a deferred judgment. Mr. Keegan's client will have her record expunged and be able to obtain a license after 90 days instead of 180.

  • Drug Charge Charge Dismissed

    Johnson County No. OWCR039210, Iowa City, Iowa. Attorney J. Dean Keegan conducted a three-day long suppression hearing which presented the first challenge to the "Drug Recognition Protocols" used in Iowa.

  • Embezzlement No Criminal Charges Filed

    Cedar Rapids, Linn County, Iowa. An employee of a Cedar Rapids business accused of embezzling six million dollars was not charged criminally after the County Attorney agreed to abide by an agreement negotiated by Attorneys J. Dean Keegan and Jerald Kinnamon in which the accused would pay two million dollars to the company.

  • Vehicular Homicide Charge Dismissed

    Johnson County No. FECR058630- Iowa City, Iowa. Attorneys J. Dean Keegan and Jerald W. Kinnamon successfully challenged the withdrawal of blood from a Defendant without his permission after a rollover accident in which a passenger in the vehicle was killed.

  • Vehicular Homicide Charge Dismissed

    Muscatine County No. FECR03718 - Muscatine, Iowa. If convicted of the vehicular homicide while intoxicated, as alleged in this case, the Defendant would have faced the possibility of a 25-year prison sentence, 17 years of which would have to be served before he would be eligible for parole. Following the depositions of the investigating officer and consultation with an accident reconstruction expert, Attorneys J. Dean Keegan and Jerry Kinnamon negotiated the dismissal of Vehicular Homicide as part of a plea

  • OWI Charge Dismissed

    Johnson County No. OWCR083001 - Iowa City, Iowa. Attorney J. Dean Keegan alleged that the Defendant's rights to contact a lawyer or family member may have been violated after his arrest. He requested video of the breath test from the arresting officer to support his allegation. When the officer failed to produce the video evidence in response written requests, a subpoena, and a Motion to Compel, the State conceded the issue and dismissed the offense.

  • OWI Acquittal at Jury Trial

    Johnson County No. OWCR077717- Iowa City, Iowa. Acquittal at jury trial of a defendant accused of Operating While Intoxicated who refused a breath alcohol test. Tried by Attorney J, Dean Keegan.

  • OWI Case Overturned

    State v. Hornik, Segura, et. al.Iowa City, Johnson County, Iowa. When the state of Iowa established that the Datamaster breath testing machine could be used to test subjects being investigated for OWI, it failed to establish a protocol for its proper use. Attorney J. Dean Keegan, in conjunction with the Johnson County Public Defender's Office, mounted a challenge to the use of the machine based on the lack of uniform instructions for its operation.

  • Zero Tolerance Driver's License Revocation Zero Tolerance Driver's License Revocation Overt

    Iowa Dept. of Inspection and Appeals Docket No. 08DOTOW3937. Attorney J. Dean Keegan successfully challenged a "Zero Tolerance" license revocation on the basis that the officer had failed to allow the driver to contact a family member or attorney for legal advice before submitting to the test.

  • OWI 2nd Offense Charge Dismissed

    Muscatine County No. OWCR040280 - Muscatine, Iowa. After Attorney Dean Keegan scheduled the deposition of the State's expert witness in this case, he learned that the breath test was inappropriately administered by the arresting officer. The State dismissed the offense outright and agreed that the breath test result should be inadmissible so the Defendant would not face the proposed one-year administrative revocation of her driver's license.

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Keegan, Tindal, & Mason

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Keegan, tindal, & Mason 

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