Criminal Defense Attorneys Serving Council Bluffs & Omaha

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.

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 these 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, others may also be used, depending on the jurisdiction and nature of the crime.

In addition to the legal defenses listed above, a defendant may be able to use these 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 they were 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 has 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.