During the initial consultation, our clients often ask "Is my charge a misdemeanor? What are the potential penalties?"
Under Iowa Code §903.1, misdemeanors are classified as aggravated misdemeanors, serious misdemeanors, and simple misdemeanors. Aggravated misdemeanors are the most serious and simple misdemeanors are the least serious. Iowa Code section 805.8 also creates a class of offenses known as “scheduled violations.”
During your initial consultation, your attorney can help you understand the charges against you. For misdemeanor charges, your attorney can help you understand how the misdemeanor is classified and the potential penalties that apply for that type of misdemeanor charge.
Aggravated Misdemeanors in Iowa
Under Iowa Code §903.1(2), the penalty for an aggravated misdemeanor is imprisonment not to exceed two years in a facility operated by the Department of Corrections and a fine of not less than $625 but not more than $6,250.35. the court may impose a sentence of confinement for a determinate term of one year or less to be served in the county jail.
Serious Misdemeanors in Iowa
In Iowa, serious misdemeanors come with a fine of not less than $315 but not more than $1,875. Imprisonment for up to one year in the county jail may also be ordered.
Simple Misdemeanors in Iowa
Where an act is declared to be a public offense, crime, or misdemeanor, but no other designation is given, the act is a simple misdemeanor by definition under Iowa Code section 701.8. Iowa Code.
A simple misdemeanor comes with a fine of at least $65 but not more than $625. Imprisonment for up to 30 days in the county jail may be ordered in addition to or in lieu of the fine.
Scheduled Violations in Iowa
Classified misdemeanors include aggravated misdemeanors, serious misdemeanors, and simple misdemeanors.
Iowa Code section 805.8 also creates a class of offenses known as “scheduled violations.” A scheduled violation is a violation of city, county, or state ordinance or statute for which the applicable penalty is a specific fine amount. The fine amounts are listed in Iowa Code sections 805.8A, 805.8B, and 805.8C.
A citation or ticket is generally issued after a violation of a scheduled violations but does not face any term of confinement if convicted.
Attorneys for Misdemeanors in Des Moines, Iowa
If you are facing misdemeanor charges in Des Moines or Polk County, Iowa, then contact an experienced criminal defense attorney to discuss your case.
Call today for a free consultation. Call (515) 279-9700.