Willful Injury Defense in Des Moines
Separate the Alleged Intent from the Resulting Injury
Willful injury is a felony allegation defined by the accused person’s intent, the resulting injury, and the evidence connecting them. At McEnroe, Steinbach, Rothman & Kendell P.C., we defend people accused of willful injury, assault causing serious injury, and related violent crimes in Des Moines and Polk County.
An arrest doesn’t establish guilt. The prosecution must prove every element of the specific charge beyond a reasonable doubt, including the required intent and level of injury. We examine those elements separately rather than treating every serious assault allegation as the same offense.
Request a free consultation about a willful injury charge by calling (515) 516-3745. After-hours intake is available for urgent matters.
How Iowa Distinguishes Willful Injury from Other Assault Charges
Under Section 708.4, willful injury involves an unjustified act intended to cause serious injury to another person. If serious injury results, the offense is a Class C felony. If the act causes bodily injury, the offense is a Class D felony.
Section 702.18 defines serious injury to include an injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of a bodily member or organ. Bodily injury and serious injury aren’t interchangeable. Medical records, witness accounts, photographs, and other evidence may affect how the alleged injury is classified.
Assault with Intent to Inflict Serious Injury
Under Section 708.2(1), this offense is an aggravated misdemeanor when serious injury doesn’t result. The charge focuses on the alleged intent even though the harm required for felony willful injury wasn’t caused.
Assault Causing Serious Injury
Section 708.2(5) addresses an assault that causes serious injury without intent to inflict it. This offense is a Class D felony. Willful injury requires proof of an act intended to cause serious injury, while assault causing serious injury rests on the resulting harm without that same intent requirement.
People sometimes use aggravated assault as a broad description for serious assault allegations. Iowa law uses more specific statutory charges, and the exact charge determines what the prosecution must prove and the possible consequences.
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“I engaged Gary as counsel for a legal matter. His counsel and insight were invaluable and helped me bring the matter to a successful close.”- Doug A.
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“Frank did a great Job representing me, he was able to get my case dismissed without even going to court!”- Matt H.
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“Frank always goes above and beyond to help with any need I may have. From advice to being my attorney. I will always use him and recommend him for all legal needs.”- Derek M.
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“I have used Frank a couple of times, and he has always been up front with me. He works hard to get you the best deal. Frank communicates with you, even if it seems like a stupid question, he will listen and tell you the best way to handle your problems.”- Ryan B.
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“Great experience with the McEnroe Law firm. They ask good questions to answer my problem. I feel very satisfied with my solution. You should contact them to solve your issue.”- Eric R.
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“Frank Steinbach has been my go-to attorney for both personal and business matters for years. He has a wealth of knowledge and information, but his guidance has always been spot on in the times that I've really needed it.”- Adrienne A.
Decades of Felony Assault Defense in Des Moines
We have served Polk County since 1988. Our current attorneys, Frank Steinbach III, Daniel J. Rothman, and Gary W. Kendell, bring decades of local criminal defense experience to serious felony cases. We have also represented clients before the Iowa Supreme Court.
We’re familiar with the Polk County Criminal Courts Building, the local prosecutors who handle felony cases, and the Des Moines Police Department. That familiarity informs our review of charging decisions, law enforcement reports, injury evidence, and pretrial procedures.
Communication in Your Preferred Language
We provide legal support in French and Chinese and can arrange a translator for clients who communicate in another language. Clear communication is particularly important when allegations turn on precise statements about intent, self-defense, or how an injury occurred.
After-Hours Intake & Payment Options
Urgent criminal charges don’t always arise during regular business hours, so we offer after-hours intake. For first-time offenders, we provide transparent up-front pricing, payment options, and credit card acceptance. We can explain the available arrangements during a confidential consultation.
Discuss Your Willful Injury Charge with Our Attorneys
Contact us for a free consultation about a willful injury or assault causing serious injury allegation. You can call us or submit the contact form to discuss the charge, known evidence, and next court proceeding.
You don’t need every police report or medical record before speaking with us. Start with the documents and information you have, and we can identify the issues that require closer review.
Call (515) 516-3745 to request a free consultation with our Des Moines willful injury defense attorneys.
