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Assault With Bodily Harm, Prior Misdemeanors, Penalty

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  • 04-26-2009, 06:42 AM
    mr.z
    Assault With Bodily Harm, Prior Misdemeanors, Penalty
    My question involves criminal law for the state of: Iowa

    My roommate has to fight everyone when he drinks. Last night he was given an underage drinking ticket, which is his 2nd. Then he was arrested for assault with bodily harm.

    The problem is he had a defered judgement on a DUI case from last year so he is on probation.

    So with the defered judgement case on the DUI, probation, the 2 underage drinking tickets, and now his assault with bodily harm, what type of punishment should be expected?
  • 04-27-2009, 05:16 AM
    LawResearcherMissy
    Re: Assault With Bodily Harm, Prior Misdemeanors, Penalty
    The DUI on its own is pretty ugly - he'll get the penalty for that since he violated his probation:

    Quote:

    First conviction: If you are convicted of an OWI for the first time, you will be required to serve from two days to one year in jail and pay a fine up to $1,000. You will also lose your license for six months.

    Second conviction: If it is your second offense within 12 years, you will lose your license for two years, be given a seven-day to two-year sentence, and be fined $1,500 to $5,000.

    Third conviction: A third offense within a 12-year period is a Class D felony that will earn you up to five years in jail and a $2,500 to $7,500 fine. You'll lose your license for six years.

    In addition to spending time behind bars, paying a hefty court fine, and losing your driving privileges, you will also need to complete a course for drinking drivers and undergo a substance abuse evaluation or treatment program―whether this is your third offense or your first. Iowa law requires that you pay for these services at your own expense. You'll also be hit with a $200 fine that goes toward the state's victim restitution fund.

    http://www.dmv.org/ia-iowa/automotive-law/dui.php
    The assault with bodily harm is classed as a serious misdemeanor, punishable by a mandatory fine - minimum $250, maximum $1000 - and up to a year in jail.

    Underage drinking is a simple misdemeanor, punishable by fines of $50 - $500 and up to 30 days in jail.

    Your friend is in need of an attorney. The sooner, the better.
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