Experienced Criminal Defense Lawyers in Council Bluffs
Peters Law Firm provides quality criminal defense throughout Southwest Iowa and Eastern Nebraska. Our exceptional customer service means we’ll keep you informed through the process, keeping you abreast of your situation from start to finish. Our experience will aid us in breaking down the legalese into regular vernacular. We’re honored to be where residents of Council Bluffs turn to when things aren’t going as planned. We’ll be able to help you sort it out.
Council Bluffs Defense Attorneys for OWIs and Drug Charges
For criminal charges ranging from drug charges, to OWIs, to white-collar crimes, Peters Law Firm of Council Bluffs will work with you to help you understand the charges, process, and most importantly, your options. Our criminal defense lawyers are highly experienced and familiar with the courts. The staff of Peters Law Firm possess experience in all facets of criminal cases, from the initial charge all the way to the trial stage, if necessary.
Council Bluffs’ Trusted Criminal Defense Law Firm
Peters Law Firm provides quality assistance with legal matters, including trials, pleas, sentencing programs, and more. Our criminal defense attorneys are diligent in handling any legal matter with efficiency, effectiveness, and excellent customer service. We want our clients to truly feel taken care of and informed while we handle the legal work. Peters Law Firm is ready and able to handle anything you’re going through; all you have to do is ask.
FAQs About Criminal Defense Law
What Does Criminal Defense Mean?
Iowa defines a criminal case as a “case initiated and prosecuted by the government to enforce criminal laws.” Once a person has been brought up on criminal charges, they become a defendant. Any defendant has the right to provide a strategic argument that challenges the validity of the prosecution’s evidence, which is referred to as a “criminal defense.” According to Iowa Code Section 901.5, criminal cases must appear before a sentencing judge responsible for considering all the pertinent information before providing a final sentence. Such information may include:
- Pre-sentence investigation findings
- Victim impact statements
- Criminal sentencing history
- Additional sentences received
To receive a more favorable sentence, defendants need an airtight criminal defense that can help reduce their sentencing. Peters Law Firm provides the comprehensive criminal defense services that Council Bluffs defendants need to litigate their case. Contact our team to learn more about how we can help provide the criminal defense you need.
What Are the Different Types of Criminal Defenses?
Affirmative defenses must be raised prior to trial and within 40 days following the defendant’s arraignment. Failure to adhere to these guidelines may result in your inability to use the criminal defense. In Iowa, criminal defendants typically use the following arguments for their case:
- General denial: This is one of the simplest forms of criminal defense that places the entire burden of proof on the prosecution. If the state cannot prove beyond a reasonable doubt that you committed the crime in question, the verdict must be not guilty.
- Self-defense: Also referred to as a “justification” defense, this defense argues that you used reasonable force to protect yourself, another person, or personal property. When this defense is used, the state must prove that justification did not exist beyond a reasonable doubt.
- Alibi: One of the least complex criminal defenses is the alibi defense, which argues that the defendant was not at the scene of the crime. If this defense is used, the defendant must present it within 40 days of their arraignment. The alibi must be accompanied by the defendant’s location and any witnesses’ names and addresses to be called at trial.
- Duress: The argument that a defendant has committed a crime under duress or coercion may be used if the duress involved a threat of imminent peril of death or serious injury to either the defendant or a third party. However, it’s important to note that this defense may not be used if the crime in question is murder, attempted murder, or acting as an accessory to murder.
While these are the most commonly used criminal defenses for Council Bluffs defendants, there are others that may be used as well, depending on the jurisdiction and nature of the crime.
What Are the Six Legal Defenses for Criminal Charges?
In addition to the legal defenses listed above, a defendant may be able to use the following defenses to argue their case:
- Constitutional violations: Police unlawfully collected evidence to convict the defendant.
- Insanity: The defendant suffered from a severe mental disease or defect at the time the crime occurred.
- Involuntary intoxication: The defendant committed a crime while unknowingly or involuntarily intoxicated and was unaware of what they were doing.
- Mistake of law/fact: A defendant was unaware of a material fact of a crime for which they were charged. For example, someone shoots a police officer because they thought he was a burglar.
- Abandonment/withdrawal: The defendant did not follow through with the crime they initially intended to commit.
- Necessity: A defendant needed to commit one crime to prevent a worse crime from taking place.
If you or a loved one have been charged with a crime, Peters Law Firm can help build the criminal defense you need to fight your case. We’ve worked with countless clients in the Council Bluffs region, stopping at nothing to help them receive the best outcomes. Allow our team to begin reviewing the details of your case by scheduling your initial consultation today!