Iowa criminal charge
Domestic abuse assault in Iowa
Domestic abuse assault is a criminal offense under Iowa law, defined by Iowa Code § 708.2A. Its classification is not fixed: Iowa assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Iowa Code § 708.2A.
How is domestic abuse assault classified in Iowa?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense - simple misdemeanor | Simple Misdemeanor | First domestic abuse assault offense, absent aggravating factors listed elsewhere in subsection 2. | Iowa Code § 708.2A(2)(a) |
| First offense - bodily injury or mental illness | Serious Misdemeanor | First offense domestic abuse assault that causes bodily injury or mental illness. | Iowa Code § 708.2A(2)(b) |
| First offense - intent to inflict serious injury or dangerous weapon | Aggravated Misdemeanor | First offense committed with intent to inflict serious injury or with use/display of a dangerous weapon, unless sections 708.6 or 708.8 apply. | Iowa Code § 708.2A(2)(c) |
| First offense - strangulation/choking without injury | Aggravated Misdemeanor | First offense committed by knowingly impeding normal breathing or circulation of blood via pressure on throat/neck or obstructing nose/mouth. | Iowa Code § 708.2A(2)(d) |
| First offense - against known pregnant victim (strangulation or weapon variant) | Class “D” Felony | First offense violating paragraph (c) or (d) committed against a person known or reasonably should be known to be pregnant. | Iowa Code § 708.2A(2)(e) |
| Second offense - simple to simple | Serious Misdemeanor | Second offense where first was a simple misdemeanor and second would otherwise be a simple misdemeanor. | Iowa Code § 708.2A(3)(a) |
| Second offense - escalation to aggravated | Aggravated Misdemeanor | Second offense where prior offense classification and current offense classification combine as simple/aggravated with serious, or serious/aggravated with simple/serious, per the escalation rule. | Iowa Code § 708.2A(3)(b) |
| Second offense - felony escalation | Class “D” Felony | Second offense where the first offense was a class D felony and the second offense would otherwise be an aggravated misdemeanor. | Iowa Code § 708.2A(3)(c) |
| Third or subsequent offense | Class “D” Felony | Third or subsequent domestic abuse assault offense. | Iowa Code § 708.2A(4) |
| Strangulation causing bodily injury | Class “D” Felony | Domestic abuse assault committed by knowingly impeding normal breathing or circulation of blood via pressure on throat/neck or obstructing nose/mouth, and causing bodily injury. | Iowa Code § 708.2A(5) |
Common questions about domestic abuse assault in Iowa
Is domestic abuse assault a felony or a misdemeanor in Iowa?
It depends on the circumstances: domestic abuse assault ranges from a Simple Misdemeanor to a Class “D” Felony in Iowa under Iowa Code § 708.2A.
First offense - simple misdemeanor: Simple Misdemeanor (Iowa Code § 708.2A(2)(a)) · First offense - bodily injury or mental illness: Serious Misdemeanor (Iowa Code § 708.2A(2)(b)) · First offense - intent to inflict serious injury or dangerous weapon: Aggravated Misdemeanor (Iowa Code § 708.2A(2)(c)) · First offense - strangulation/choking without injury: Aggravated Misdemeanor (Iowa Code § 708.2A(2)(d)) · First offense - against known pregnant victim (strangulation or weapon variant): Class “D” Felony (Iowa Code § 708.2A(2)(e)) · Second offense - simple to simple: Serious Misdemeanor (Iowa Code § 708.2A(3)(a)) · Second offense - escalation to aggravated: Aggravated Misdemeanor (Iowa Code § 708.2A(3)(b)) · Second offense - felony escalation: Class “D” Felony (Iowa Code § 708.2A(3)(c)) · Third or subsequent offense: Class “D” Felony (Iowa Code § 708.2A(4)) · Strangulation causing bodily injury: Class “D” Felony (Iowa Code § 708.2A(5))
Which Iowa statute covers domestic abuse assault?
Domestic abuse assault is governed by Iowa Code § 708.2A (Domestic abuse assault — mandatory minimums, penalties enhanced — extension of no-contact order).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.