Bergmann, Benjamin D

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Criminal Law Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys

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19 Years

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(515) 284-5737Visit WebsiteMap & Directions2910 Grand AveDes Moines, IA 50312 Write a Review

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Bergmann Benjamin D, Attorney

Bergmann Benjamin D Lawyer

Benjamin D Bergmann Lawyer

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http://parrishlaw.com

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Criminal Law Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Attorneys, Automobile Accident Attorneys, Bankruptcy Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Family Law Attorneys, Immigration Law Attorneys, Juvenile Law Attorneys, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Personal Injury Law Attorneys, Professional Liability & Negligence Law Attorneys, Sexual Harassment Attorneys, Traffic Law Attorneys, Wrongful Death Attorneys

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Phone: (515) 284-5737

Address: 2910 Grand Ave, Des Moines, IA 50312

Website: http://parrishlaw.com

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Bergmann, Benjamin D

Divorce
Child Support
Family Law – we handle the full range of family law matters, including divorce and the accompanying issues of child custody and visitation, child support, spousal support, and modification of decrees, as well as helping with premarital agreements, adoption, paternity, and other matters.
Child Custody and Visitation
Adoption
Paternity
Premarital Agreement
Spousal Support
Child Abuse
Winegar v. Des Moines Independent Community School District, 20 F.3d 895 (8th Cir. 1994). The Eighth Circuit Court of Appeals reversed the district court, holding client had a property interest in his employment and allegations of unjustified child abuse were sufficiently stigmatizing to implicate liberty interests.

Criminal Defense
A Des Moines native, Al Smith attended the University of Iowa for both his undergraduate degree and for law school. He has taken multiple criminal cases to not guilty jury verdicts, had numerous convictions overturned on postconviction relief, and won multiple appeals. While at law school, he was an editor for the Journal of Gender, Race and Justice, and received the Faculty Award for Academic Excellence for his performance in his Criminal Law class and his Torts class, for receiving the second highest grade in his class. Mr. Smith speaks Spanish and provides legal services to the Spanish-speaking community of Iowa. Mr. Smith stays involved in the community through his volunteer work at the HOLA Center legal clinic and through the Knights of Columbus.
DUI/DWI
Criminal Defense – from arrest through post-conviction relief and appeals, we defend the rights of the accused in offenses ranging from misdemeanors to serious felonies, including first degree murder, vehicular manslaughter, and other homicides; driving under the influence (DUI); drug offenses; and theft crimes, including burglary, robbery, and grand larceny.
Wrongful Death
Parrish Kruidenier is a versatile law firm with numerous talented attorneys qualified to offer advice on virtually every aspect of criminal and civil law. For decades, lawyers practicing in this office have successfully handled countless high profile cases. Parrish Kruidenier enjoys an unprecedented reputation in criminal and civil litigation and is perennially recognized as one of the leading firms in Iowa. Our roster of attorneys makes us one of the largest law firms in the state concentrating in both criminal and civil litigation. We represent clients across Iowa in the areas of criminal defense, personal injury and wrongful death, civil rights, employment and labor law, administrative law, family law, immigration, and appellate law.
Traffic Violations
Ben has assisted several immigrants avoid a conviction for OWI and instead reach a plea agreement for Reckless Driving. This is especially important for individuals with DACA (Deferred Action for Childhood Arrivals).
Sex Crimes
Represented Former University of Iowa All-American and Olympian charged with a sex offense. Jury returned a verdict of not guilty. Represented Chapter President of the Sons of Silence Motorcycle Club. Before Brandon became involved, a jury found our client guilty of two counts of domestic abuse, including felonious strangulation. Brandon appeared and filed a motion for new trial contending our client was entitled to a new trial since the judge admitted impermissible prior bad acts evidence and the prosecutor committed misconduct by introducing, among other things, evidence our client was the president of the Sons of Silence. The trial judge granted our motion and we handled retrial with the jury returning verdicts of not guilty.
Robbery
State v. Gay, 2001 Iowa App. LEXIS 525. Client was convicted of 1st degree robbery and assault, which was reversed because during trial, the client’s right to confront witnesses was violated.
Burglary
Al and Ben Bergmann represented a man charged with Burglary and Sexual Abuse. After a week long trial, the jury returned a verdict of not guilty on both counts.
Theft
Misdemeanors
A central Iowa immigrant was charged with two counts of Child Endangerment. Ben reached a plea agreement to simple misdemeanors which have had no immigration consequences for the individual.
Drug Crimes
January 2019: Attorney R. Ben Stone’s very young adult client was charged with an aggravated misdemeanor for possession of child pornography, as well as a serious misdemeanor possession of marijuana charge. He faced two and a half years in prison on these charges, along with a Tier II designation on the Iowa Sex Offender Registry (ISOR). From a separate incident, he also faced two simple misdemeanors (for theft & disorderly conduct) and a serious misdemeanor assault charge.
Assault
In a Black Hawk County case in the early morning hours of December 25, 2013, Ben’s client was shot three times by a Cedar Falls Police Officer. He was subsequently charged with Felony Assault on a Police Officer. Following a two-week trial, the jury returned a verdict that his client merely committed a simple assault against a police officer. This case is on appeal.
Murder
State v. Huser, 894 N.W.2d 472 (Iowa 2017). For the second time, Mr. Parrish and Mr. Dunn obtained a new trial for Vernon Huser on his charges of First Degree Murder. This time, the Iowa Supreme Court reversed Mr. Huser’s conviction because the district court wrongfully prevented Mr. Parrish and Mr. Dunn from presenting evidence to the jury that Mr. Huser was not involved with the murder. This win came six years after Mr. Parrish and Mr. Dunn won a reversal of Mr. Huser’s first trial because the State had presented improper evidence to the jury.
Juvenile Crimes
Probation Violation
One of my clients was facing a felony criminal mischief charge, a public intoxication charge, and a probation violation. A piece of equipment at a bar supposedly worth thousands had been damaged, and it was alleged the defendant had deliberately damaged it while drunk. My client eventually pled to only the misdemeanor public intoxication charge, with the felony criminal mischief being dismissed, and restitution at only $500. On the probation violation, I eventually got the contempt sentence reduced from 15 days to only five – enabling the client to keep his new job.
Identity Theft
Ben took over an Identity Theft case from another attorney. The prior attorney had proceeded to trial and lost. Following a grant of a new trial, Ben was able to reach a plea agreement that had no immigration consequences and no time in jail. Client can now apply to become a lawful permanent resident.
Homicide
State v. Adams, 810 N.W.2d 365 (Iowa 2012). Iowa Supreme Court vacated homicide by vehicle conviction, holding that an issue existed regarding whether a causation defense was properly considered given that a rational fact finder could have found that defendant’s alleged intoxicated driving was not the factual cause of the victim’s death because a driver who had not ingested alcohol before the crash would have struck the victim.
Kidnapping
Southern Iowa client was charged with, among other things, with Kidnapping in the First Degree (Class A Felony). If convicted at trial, Ben’s client would have been sentenced to life in prison with no possibility of parole. During discovery, client pleaded guilty to Willful Injury (non-forcible Class D Felony) and received a suspended sentence with no prison time imposed.
Manslaughter

Business and Corporate Law

Business Disputes
Mr. Parrish was formerly a Senior Staff Attorney at Polk County Legal Aid Society as well as a Criminal and Business Law Instructor at Des Moines Area Community College. He has also served as Student Advisor at Drake University Law School.

Wrongful Termination
Wrongful Termination. Wrongful termination occurs when an employee has been terminated for their employment for reasons that are unfair and or false. Our attorneys will review your termination and advise you about any potential legal claims arising from your employment separation.
Employment Discrimination
Civil Rights – from police abuses such as harassment, brutality, illegal searches and arrests, and malicious prosecution, to illegal employment discrimination and first amendment violations, we hold the government accountable for misconduct when it veers from the laws and principles on which our society is founded.
Severance Agreement
Contract Disputes. We provide expertise and knowledge regarding contract claims and disputes, non-compete clauses and severance agreements.
Sexual Harassment
Sexual Harassment. Sexual harassment in the workplace is illegal and cannot be tolerated. Sexual harassment takes many forms, including unsolicited sexual advances, requests for sexual favors, and other verbal (e.g., slurs, derogatory comments, or comments about a person’s body and appearance) or physical (e.g., assault, blocking movement, or bodily interference) conduct that is sexual in nature.

Premises Liability

Immigration Law

Citizenship and Naturalization
Green Cards

Personal Injury
Dealing with liability insurance adjusters, medical providers or possibly fighting your own health insurance or auto insurance provider is difficult to do on your own. Our firm can help you navigate the many issues you face following a personal injury.
Medical Malpractice
Personal Injury and Wrongful Death – we represent plaintiffs and defendants in cases involving motor vehicle accidents, construction accidents, aviation accidents, slips and falls, premises liability, products liability, medical malpractice, and more.
Auto Accidents

Bankruptcy

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