Legal Question in Criminal Law in Iowa

My 18 year old son was charged in iowa with a class c felony for assault. The victim was a 47 year old male who served in desert storm and has various mental ,anger issues resulting from this. My son was friends with this 47 year olds nephew. My son and the nephew went to visit this gentlemen approximately two weeks before this incident occurred. Apparently the uncle grabbed a butter knife after consumeing quite alot of alcohol and told my son if he wanted to kill him he could. My son took the butter knife from him and left. The day after christmas dec26 2011 my son and the nephew went to see the uncle again. The uncle purchased beer for both my son and his nephew who are both 18. Anger got the best of the uncle again and he grabbed a steak knife and said he could kill him if he wanted to. My son had enough to drink and he was very mad, scared ect.. he grabbed the knife from him and took him down (my sons are state champion wrestlers) and he beat him up pretty bad. As my son went to leave the mans house the nephew wanted to leave with my son and not stay with his uncle. My son was on his way to his older brothers house and got stuck in a snow bank. Police found them and gave Dusty an owi, and resisting arrest charge and a ticket for driving an un safe vehice, The officers asked why he had blood on him, he said he had been in a fight, they booked dusty and put him in a drunk tank for almost 36 hrs. I finally made bail to get him out of jail 11 days later. At no time did they ever question or ask his side of the storey. They interviewed every one else even the nephew but not my son. The uncle admitted that he did have an altercation a week or so prior this night, he also told the officers that if he wanted to he could of killed my son. The uncle uncle admitted to buying alcohol for the minor boys.The uncle was warned for contributing to minors, but received no tickets. The nephew was also questioned. I truely feel my son was treated unfairly throughout this ordeal. He has been appointed a court appointed attorney. But if convicted he could be facing 10 years in prison.. please any advice would be greatly appreciated.

Asked on 2/15/11, 9:50 pm

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The advice is to pay careful attention to the court appointed attorney. If you don't like what you're hearing hire an attorney of your choosing.

Answered on 2/16/11, 6:31 am

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