Burglary
Burglarizing another’s home or even attempting to commit the crime can lead to serious consequences. Attempted burglary or burglary is a crime under Iowa law with heavy penalties. A burglary conviction without aggravating factors is already a felony offense. You could face expensive fines and even time in prison.
A burglary conviction will also result in a criminal record. Since burglary is a violent crime, a conviction could cause issues with employers or licensing agencies. Your professional future could go up in smoke with one background check. This is why it’s imperative you gain legal representation as quickly as possible.
Attorney for Burglary in Polk County, Iowa
Contest your charges by having a sturdy defense plan. Hiring an attorney can significantly increase your chances of reducing or dismissing your charges. An criminal defense attorney can assess your case, collect evidence and fight for your freedom. Do what’s best for your future and call McCarthy & Hamrock, P.C..
The attorneys at McCarthy & Hamrock, P.C. are skilled in criminal defense. We have represented numerous people accused of violent crimes including burglary. Call (515) 279-9700 today for a free consultation.
McCarthy & Hamrock, P.C. accepts clients throughout the Dallas County and Polk County area including De Soto, West Des Moines, Dexter, Elkhart, Bouton and Pleasant Hill.
Overview of Burglary in Iowa
- Burglary Defined Under Iowa Law
- Penalties for Burglary
- Penalties for Attempted Burglary
- Additional Resources
Burglary Defined Under Iowa Law
Theft of any type can lead to legal consequences. When theft occurs in another’s home or business the penalties are enhanced even further. Iowa Code § 713.1 states you’re committing a burglary if you:
- Enter a private residence with the intent to commit a crime such as theft or assault; or
- Remains in an occupied structure with the intention to commit a crime after it’s closed to the public or your privilege to be there has expired and intend to commit a crime
You could be charged with burglarizing a household, business or any structure in which you have limited access to. It’s important to remember you don’t have to steal anything to be charged with burglary.
Penalties for Burglary in Iowa
The legal consequences for burglary are incredibly serious. A burglary crime without aggravating factors is third-degree burglary, which is a class D felony.
If you’re convicted of a class D felony, your penalties include:
- Up to 5 years in prison; and
- A fine between $750 and $7,500
Burglarizing an unoccupied vehicle or motor truck is also third-degree burglary, but the penalties are reduced to an aggravated misdemeanor. The consequences for an aggravated misdemeanor include:
- Up to 24 months in jail; and
- A fine between $625 and $6,250
Your crime could be enhanced to burglary in the second-degree if you:
- Burglarized an unoccupied structure and possessed a dangerous weapon, incendiary or explosive device or inflicted bodily injury to another person; or
- Burglarized an occupied structure in which one or more people were present
Second-degree burglary is a class C felony, which is punishable by:
- Up to 10 years in prison; and
- A fine between $1,000 and $10,000
Burglary in the first degree carries the harshest penalties. You’re guilty of first-degree burglary if you burglarized an occupied structure in which one or more people were present and:
- Possessed an explosive or incendiary device;
- Possessed a dangerous weapon;
- Inflicted bodily injury on another person; or
- Performed or participated in an act of sexual abuse on another person
Iowa defines “sexual abuse” as any sexual act where:
- It was done by force or without consent. It cannot be considered consent if the other person submitted to sexual acts because of a threat, drugs or they were unconscious; or
- The other person was suffering from a mental defect or incapacity where they’re unbale to give consent
First-degree burglary is a class B felony, which is punishable by up to 25 years in prison.
Penalties for Attempted Burglary in Iowa
An unsuccessful burglary attempt will still end in criminal charges. Instead of burglary you will be charged with attempted burglary. The charge with the lightest penalties is attempted burglary in the third degree, which is an aggravated misdemeanor.
An aggravated misdemeanor is punishable by:
- Up to 24 months in jail; and
- A fine between $625 and $6,250
It’s also third-degree attempted burglary if the subject of theft was an unoccupied motor vehicle. You will face a serious misdemeanor if you burglarized an unoccupied motor vehicle. The penalties for a serious misdemeanor include:
- Up to 12 months in jail; and
- A fine between $315 and $1,875
Attempted burglary in the second degree is when you burglarize a structure and:
- Possess an explosive or incendiary device, dangerous weapon or inflict bodily injury to another person; or
- The structure was occupied with one or more people were present
Second-degree attempted burglary is a class D felony, which is punishable by:
- Up to 5 years in prison; and
- A fine between $750 and $7,500
The highest penalties are reserved for attempted burglary in the first degree. You’re guilty of first-degree attempted burglary if you:
- Possessed a dangerous weapon, explosive or incendiary device or inflicted bodily injury to another person; and
- Attempted to burglarized an occupied structure with one or more people present
First-degree attempted burglary is a class C felony that can lead to:
- Up to 10 years in prison; and
- A fine between $1,000 and $10,000
Additional Resources
Iowa Burglary Laws – Visit the official website of Iowa Code chapter 713 which details information about attempted burglary and burglary. Access the statute to learn more about the crime, possible penalties and what happens if you possess burglar’s tools.
Guide to Iowa’s Criminal Courts – Visit the official website for the Iowa court system to learn more about the criminal court process. Access the site to learn more about pretrial procedures, the aspects of a criminal trial and sentencing procedures.
Lawyer for Burglary in West Des Moines, Iowa
If you or someone you know has been charged with burglary, it’s imperative you contact an experienced criminal defense attorney. You will need a strong defense to protect your future. Don’t agonize over this for another minute and contact the attorneys at McCarthy & Hamrock, P.C..
Call us now at (515) 279-9700 to schedule a case consultation. From there, our attorneys can evaluate your charges to see what the next best step is. McCarthy & Hamrock, P.C. represents people throughout the greater Polk County area including West Des Moines, Elkhart, Windsor Heights and Pleasant Hill.