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Aggravated Misdemeanors

Iowa has a determinate sentencing system at the misdemeanor level and an indeterminate sentencing system at the felony level. An aggravated misdemeanor represents a hybrid between the two systems. For aggravated misdemeanors, the sentencing judge has the discretion to sentence an offender to a determinate term if the sentence handed down is one year or less, and must sentence the offender to an indeterminate term of two years if the sentence is more than one year.

At sentencing, the court determines whether the person should be placed on probation, be assigned to a community-based correctional facility, or serve a term of confinement.

Each criminal offense in Iowa includes a maximum length of confinement that is determined by statute (often called the “statutory maximum”). Certain types of aggravated misdemeanors in Iowa comes with penalty enhancements or statutory minimums.


Examples of Aggravated Misdemeanors in Iowa

Some of the most serious aggravated misdemeanors with sentencing enhancements include:

  • Drug/124.401(1)(d)
  • Drug Poss-2nd, Drug Poss Mari.-3rd/124.401(5)
  • OWI-2nd/321J.2;
  • OWI Boating-2nd/462A.14
  • Domestic Abuse—Choking 708.2A(2)(d)
  • Domestic Abuse/708.2A
  • Assault w/Intent to Commit Sex Abuse/709.11
  • Indecent Contact w/Child/709.12
  • Sexual Exploit by Counselor/709.15(4)(b)
  • Sexual Exploit by School Employee/709.15(5)(b)
  • Sexual Misconduct with Offenders/709.16(1,3)
  • Sexual Misconduct with Juveniles/709.16(2)
  • Animal Torture-1st/717B.3A
  • Sex Predator/901A.2(1)
  • Sex Predator/901A.2(2)

Uniform Bond Schedule for an Aggravated Misdemeanor

Iowa law provides that a person arrested for an aggravated misdemeanor may be released pending an initial appearance if the release is pursuant to pre-trial release procedures or a bond schedule approved by the judicial council. The uniform bond schedule sets the bond for an aggravated misdemeanor at $2,000.


Finding an Attorney for Aggravated Misdemeanors in Des Moines, Iowa

If you were charged with an aggravated misdemeanor in Iowa, then contact an experienced criminal defense attorney at McCarthy & Hamrock, P.C. in Des Moines, Iowa. Our attorneys help clients charged with simple misdemeanors, serious misdemeanors, and aggravated misdemeanors.

During the free and confidential consultation, we can help you understand the charges pending against you, the potential penalties, and important defenses to those charges. Call (515) 279-9700 to discuss your case.