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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I am being charged with Simple Assault in Iowa. I threatened

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I am being charged with Simple Assault in Iowa. I threatened to punch my roommate in the face, but made no contact, no fist, and was approximately 3-4 feet away from him. His complaint given to the Campus Police, who are handling the case, states I threatened to "kill him", which is false, and was refuted in both my statement, and the statement of my girlfriend, who was present at the time. This argument boiled over from dealing with living with a depression-stricken roommate who showers once a week, piles garbage and dirty clothes several feet high, sleeps 12 hours a day, and is incredibly disrespectful. I have a couple questions.
1. As a college student, I obviously cannot afford an attorney and need to know how to get a court-appointed one.
2. What is my best course of action with this case?
3. This person owns several knives (none illegal, to my knowledge) and I fear for both my safety and that of my girlfriend who works in the building my former roommate is now living. Is there anyway to protect us?
I have no prior convictions, never been in trouble for anything with anybody. Ever.
Hi

I am sorry to hear of this situation for you

1 - Once you are charged, you will be given a preliminay court date. At that hearing you will be asked for your plea - obviously, you will say Not Guilty. Then the court will assign a court date. At that time you will have to tell the judge you do not have money for an attorney and you will be instructed how to contact the Public Defender

2 - I suggest you plead Not Guilty, get the PD to defend you and tell the truth. That the elements of the statute do not exist. This is his word and you have a witness. However, here is the link to the statute in Iowa and you can see it states under 2
2. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act

So unfortunately, the mere threat since you have the ability to make a fist and punch is enough. But discuss this thoroughly with your Public Defender.

3 - Unfortunately, based on what you are telling me you would not be eilgible to obtain any type of restraing order. I suggest you can complain to your floor leader about his terrible living and then see about getting a new room, if possible.


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Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything




Samuel II and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for the detailed response. Just one last question. My dad offered to hire a lawyer. Would it be beneficial to do so, or would the public defender be fine for this case?

Hi

A PD is a lawyer. They are over worked and you may only have an opportunity to meet with you to try to negotiate a plea

If you have an opportunity to have a private attorney, I suggest you may at least want the consultation to see if a private attorney can get the entire thing dismissed


I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything