Areas of Practice

Criminal Law

Kaplan & Frese, LLP provides criminal law defense to people in Marshall County, Iowa and throughout the state of Iowa. Not everyone charged with a crime is guilty of it. Our experienced criminal law attorneys are available to defend the rights of people charged with drunk driving, drug distribution and possession, firearms violations, violent crimes, financial crimes, federal charges, and more.

OWI Charges - In the state of Iowa, the legal definition of intoxication is .08 for adults and .02 for underage drivers. The costs and inconveniences of a drunk driving charge can be substantial and you need an attorney who is experienced and well-versed in aggressively defending your case.
For a person found guilty of OWI, First Offense, an individual faces up to one year in jail and fine of $1,875. A minimum two days in jail is required and the minimum fine of $1,250 is required as well as a license suspension for six months.
For a person found guilty of OWI, Second Offense, an individual faces up to two years in the Iowa Department of Corrections, fines up to $6,250, and a license suspension for two years. There is a mandatory seven days in jail upon conviction with a minimum fine of $1,875.
OWI, Third Offense is a Class D Felony and is punishable by up to five years in the Iowa Department of Corrections and a 30-day minimum jail sentence. The minimum fine imposed is $3,250 and the maximum is $9,375.
Drug Possession and Distribution - The penalties for drug possession and distribution in Iowa depend on the classification of the drug and the amount possessed, as well as if they are possessed for personal use or distribution. Your criminal history also plays a role. Drugs don’t necessarily have to be on your person for you to be charged with a drug possession crime. Penalties can range from as little as a minimum two days in the county jail to as much as 25 to 50 years in prison with fines up to $50,000, with mandatory minimum prison terms of 1/3 of any prison time before parole eligibility. Police, may violate your constitutional rights against any unlawful search and seizure or self-incrimination. Only the most experienced criminal defense attorneys know how to navigate these complicated issues.
Violent Crimes - Violent crimes can range from a simple misdemeanor punishable by up to 30 days in jail to a Class A Felony and life imprisonment. The following offenses fall under the classification of violent crimes in Iowa:
Assault - This charge includes the actual infliction of pain or injury or another person having reasonable fear you will inflict it.
Willful Injury - A legally unjustified act intending to cause harm to another.
Intimidation With a Dangerous Weapon - Discharging, launching, throwing, or shooting a dangerous weapon into a crowd, vehicle, building, or any other venue occupied by people.
Harassment - This can include any action intending to annoy or intimidate another individual, whether violence was used or not.
Murder - The intentional taking of a human life with or without premeditation.
Manslaughter - Engaging in dangerous actions that killed another person, even when you had no intent to take a life.
Disorderly Conduct - Fighting, causing a disturbance, using abusive language, or making loud noises with the intent of causing another person distress.
Kidnapping - Forcefully taking a child or adult from one place to another without his or her consent for the purpose of extracting ransom or committing a crime against the victim.
Robbery - Causing injury or death to another in the process of forcefully taking their belongings.
Sexual Assault - Assault of another with the intent to arouse the sexual desires of either party.
Financial crimes - Financial crimes encompass a broad range of illegal activities that involve deceit, manipulation, or fraud in the realm of finance. These crimes can have far-reaching consequences for individuals, businesses, and entire economies. Common types of financial crimes include money laundering, securities fraud, insider trading, embezzlement, and Ponzi schemes. Perpetrators of these crimes often exploit vulnerabilities in financial systems to siphon funds, manipulate markets.
Crimes in this category may be prosecuted as a simple misdemeanor up to a Class B Felony. Punishments range from 30 days in jail to 25 years in prison with fines ranging from $65 to $50,000.
Federal Charges - While other attorneys may be hesitant to accept a federal charge case, our experienced attorneys welcome the opportunity. Federal charges are crimes committed against the government or at the federal level. Some examples include complicated drug conspiracies, racketeering, mail fraud, illegal immigration, terrorism, human trafficking, and child pornography.
Federal prosecutions are extremely complex. The penalties for a federal crime depend on the nature of the offense, your previous criminal record, and any aggravating factors. Prison sentences and fines assessed are almost always more severe than crimes prosecuted at the state level. Chad Frese, an attorney at Kaplan & Frese, LLP, is nearing 30 years of experience in the federal court and can help you face federal charges.

Family Law

Family law encompasses a number of different areas. The attorneys at Kaplan & Frese, LLP provide legal representation in all areas of family law such as: divorce, child custody, child support, spousal support (alimony), division of assets and debt, contempt of court, modification of an original decree, adoption, termination of parental rights, juvenile court, and prenuptial agreements.

Iowa is a no fault state. This means a person can obtain a divorce without any showing of fault by either spouse. Instead of focusing on who is at fault for the marriage failing, a person simply needs to establish that the marriage is over. Courts in Iowa then focus on the main issues that addressed: property division, spousal support, child support, and child custody.

The first step to getting divorced is filing a Petition for Dissolution of Marriage. This is a document that is filed with the Court asking that your marriage be dissolved and that the issues regarding your marriage be decided so that you and your spouse can go your separate ways.

Service of the Petition on your spouse can be accomplished in a number of ways and we will be happy to discuss those with you. Typically this is done either through the local sheriff’s office or your spouse can fill out a document to accept service of the petition without formal service through the sheriff’s office. Once your spouse is served, he or she will have 20 days to respond to the Petition for Dissolution of Marriage through a responsive pleading called an Answer. Once the Answer is filed, the Court will eventually set a trial date. Prior to the trial date, an agreement (formally called a “Stipulation”) can be filed with the Court indicating you and your spouse have reached an agreement on all issues and the Court will grant the divorce. There is a 90-day waiting period to getting divorced.

If an agreement hasn’t been reached, on the trial date the Court will hear evidence regarding issues that are involving your divorce. These could be financial or custody-related issues.

As your family law lawyer, we will work hard to advocate on your behalf but also to minimize any conflict. We understand that this is a difficult period in your life and will work hard to keep conflict to a minimum. Each case is different and it is important that you contact a legal professional to discuss your case. Our attorneys are conveniently located in Marshalltown and we serve clients throughout the state of Iowa.

Personal Injury

Kaplan & Frese, LLP represents clients involved in personal injury cases who have suffered financial, physical, and emotional consequences due to the negligent actions of another party. Our firm handles personal injury claims such as wrongful death, motor vehicle accidents, injuries on property, medical malpractice, and professional negligence. If you are a personal injury victim in the state of Iowa, contact our office for a free case review.

Wrongful Death - any accidental or intentional death caused by the actions of another party. Relatives of the deceased may file a wrongful death personal injury case even if the responsible individual is being tried in a criminal trial. Iowa imposes a two-year statute of limitations to file a claim so it is essential to work with an experienced wrongful death attorney to start your lawsuit as soon as possible.
Motor Vehicle Accidents - Injuries sustained in a car accident can permanently affect your quality of life. You may become partially or fully disabled, unable to work, and have hundred of thousands of dollars’ worth of medical expenses to pay due to another person’s negligence or willful recklessness. Unfortunately, car accident cases often become a case of one driver’s word against another. Our experienced motor vehicle accidents attorneys work with accident reconstruction specialists, doctors, psychologist, public safety experts, and other professionals to prove that your injuries happened exactly as you state. If you win the lawsuit, you may receive compensation for your medical costs, lost wages, loss of earning power, and reduced standard of living.
Injuries on Property - Injuries on property, is when you sustain significant injuries due to unsafe conditions where your injury occurred. Slip and fall accidents are a common reason that people file a personal injury lawsuit. In these cases, our attorneys prove how the accident could have been avoided if the person or group responsible had used reasonable precaution.
Medical Malpractice - To win a medical malpractice claim, the burden of proof is on the plaintiff to prove the existence of a doctor-patient relationship, the doctor owed the patient a certain standard of care, the doctor failed to provide that standard of care, and the patient was injured as a direct result of the provider’s incompetence.
Iowa medical malpractice laws state that you have two years from reasonable discovery of the injury to file your lawsuit so it is vitally important to seek advice the moment you think you may have a claim.

Areas of Practice

Criminal Law

OWI Charges - In the state of Iowa, the legal definition of intoxication is .08 for adults and .02 for underage drivers. The costs and inconveniences of a drunk driving charge can be substantial and you need an attorney who is experienced and well-versed in aggressively defending your case.

For a person found guilty of OWI, First Offense, an individual faces up to one year in jail and fine of $1,875. A minimum two days in jail is required and the minimum fine of $1,250 is required as well as a license suspension for six months.

For a person found guilty of OWI, Second Offense, an individual faces up to two years in the Iowa Department of Corrections, fines up to $6,250, and a license suspension for two years. There is a mandatory seven days in jail upon conviction with a minimum fine of $1,875.

OWI, Third Offense is a Class D Felony and is punishable by up to five years in the Iowa Department of Corrections and a 30-day minimum jail sentence. The minimum fine imposed is $3,250 and the maximum is $9,375.

Violent Crimes - Violent crimes can range from a simple misdemeanor punishable by up to 30 days in jail to a Class A Felony and life imprisonment. The following offenses fall under the classification of violent crimes in Iowa:

Assault - This charge includes the actual infliction of pain or injury or another person having reasonable fear you will inflict it.

Willful Injury - A legally unjustified act intending to cause harm to another.

Intimidation With a Dangerous Weapon - Discharging, launching, throwing, or shooting a dangerous weapon into a crowd, vehicle, building, or any other venue occupied by people.

Harassment - This can include any action intending to annoy or intimidate another individual, whether violence was used or not.

Murder - The intentional taking of a human life with or without premeditation.

Manslaughter - Engaging in dangerous actions that killed another person, even when you had no intent to take a life.

Disorderly Conduct - Fighting, causing a disturbance, using abusive language, or making loud noises with the intent of causing another person distress.

Kidnapping - Forcefully taking a child or adult from one place to another without his or her consent for the purpose of extracting ransom or committing a crime against the victim.

Robbery - Causing injury or death to another in the process of forcefully taking their belongings.

Sexual Assault - Assault of another with the intent to arouse the sexual desires of either party.

Crimes in this category may be prosecuted as a simple misdemeanor up to a Class B Felony. Punishments range from 30 days in jail to 25 years in prison with fines ranging from $65 to $50,000.

Family Law

The first step to getting divorced is filing a Petition for Dissolution of Marriage. This is a document that is filed with the Court asking that your marriage be dissolved and that the issues regarding your marriage be decided so that you and your spouse can go your separate ways.

If an agreement hasn’t been reached, on the trial date the Court will hear evidence regarding issues that are involving your divorce. These could be financial or custody-related issues.

Personal Injury

Iowa medical malpractice laws state that you have two years from reasonable discovery of the injury to file your lawsuit so it is vitally important to seek advice the moment you think you may have a claim.

Kaplan & Frese, LLP