Burglary is described as any individual having the intent to commit a felony, assault or theft by entering or remaining in an occupied structure without the legal right to do so. These two parts are known as the elements of the crime.
An occupied structure basically means any building, vehicle or land that is used either for overnight accommodation, for business purposes, or for storing anything of value.
According to Iowa law, a building may be an occupied structure without anyone actually present in the building. Although, it must be big enough for a person to physically enter inside; for example: a small mailbox cannot be an occupied structure but a walk-in mail room used for sorting mail, can be one.
To be charged with burglary, key elements of the crime must be proved beyond a doubt or, admitted by the accused. Essentially, a prosecutor must prove that the accused actually entered the building with the intent of committing a felony assault or theft.
Des Moines Burglary Lawyer
Being charged with burglary means there is the potential for severe penalties and lifelong consequences. Put your case in the hands of the dedicated criminal defense attorneys at McCarthy & Hamrock, P.C..
The Des Moines attorneys of McCarthy & Hamrock, P.C. represent individuals facing all theft and property criminal charges, including burglary, trespass, arson, and receiving stolen property.
A Des Moines burglary attorney can use their strong legal tactics to fight for you. Call us today or submit a consultation request form online.
The McCarthy & Hamrock, P.C. strongly represents individuals throughout Iowa, including Polk County and Dallas County, including in West Des Moines, Ankeny, Urbandale, Johnson, and surrounding areas.
Penalties for Burglary and Theft
Depending on the severity of the crime and in some cases, if the crime included sexual assault the fine and/or prison term will vary.
Burglary in the 1st degree is a Class B Felony with a potential prison term for up to 25 years. This class of felony occurs when the accused enters an occupied structure with one or more people present, while possibly possessing a firearm or explosive. Additionally, if the accused also inflicted bodily injury on an individual during the burglary.
Burglary in the 2nd degree is a Class C felony with the potential prison term set at up to 10 years and $10,000 in fines. This occurs when the accused enters an occupied structure while no one is present (other than an accomplice) meanwhile also in possession of a firearm or explosive and bodily injury resulted to anyone, even a passerby.
Burglary in the 3rd degree is typically a Class D felony with a potential prison term of up to 5 years and $7,500 in fines. This class acts as a “catch-all” for circumstances that may not fall into the first two classes.
Polk County Criminal Defense Attorneys
If you’ve been accused or charged with a burglary or property crime, take the best step towards protecting your rights by speaking with a seasoned attorney as soon as possible.
Each person’s circumstances are unique and only an experienced, steadfast and skillful defense team to fight on your behalf. McCarthy & Hamrock, P.C. are a valuable asset to your case. Give them a call now for a free case evaluation. Let them reduce your stress through this process.