If you are facing criminal charges for assault in Iowa, you may be concerned about your legal strategy and defensive options. The penalties associated with an assault conviction can be severe so building a strong case is crucial in protecting yourself and your future. Depending on the circumstances you may be able to use self-defense as an effective defense in your assault case. Learning about your legal options and how to defend yourself during a criminal case is imperative. Reach out to a Dallas County assault lawyer today to discuss your case and secure experienced representation.

Can I Use Self-Defense as a Defense in My IA Assault Case?

Yes, if you are facing criminal charges related to assault, you may be able to implement self-defense as a valid and effective defensive strategy. Under Iowa code 704.3, “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 actual or imminent use of unlawful force.”

The state’s law also extends to the defense of property, proclaiming in 704.4 that “A person is justified in the use of reasonable force to prevent or terminate criminal interference with the person’s possession or other right in property.”

In terms of these laws, “reasonable force” refers to force that a reasonable person in similar circumstances would deem necessary to prevent an injury or loss. If you are being attacked or threatened, you are permitted to use violence or other means to protect yourself or your property, given that you reasonably believed the amount of force you used was necessary to stop the threat.

Reasonable force can include deadly force if it is genuinely reasonable to believe that it is necessary. Even if an individual overestimated the danger and their use of force was not necessary, it can still be a valid defense if there was reason for them to believe that it was justified in the moment.

When Can You Not Use Self-Defense?

While this strategy can often yield effective results, there are certain limitations to the use of self-defense as a defense in a criminal case. The use of reasonable force is not justified in the following instances.

  • You were participating in a forcible felony, riot, or duel
  • You were the initial aggressor and provoked the other individual with the intent to use their behavior as an excuse to harm them
  • You were the initial aggressor and provoked the other individual through an unlawful act

While self-defense can be an effective tool in your criminal case, it is not a bulletproof strategy. It is important that you understand your legal options and the potential pitfalls of each defensive strategy.

Procuring skilled legal advice and representation during your case is essential to protect yourself and your future. Reach out to a competent attorney at Iowa Defenders, PLLC today to discuss your situation.