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A Burglary Conviction In Iowa Can Result In Hefty Penalties

If you are facing charges for an aggravated misdemeanor of attempted burglary in the third degree, your head may spin. You may be asking, “What does this mean?” You may wonder why law enforcement was so harsh when you made a mistake entering and pulling items out of a truck you thought was your own. The criminal justice system in Iowa is not easy on first-time offenders.

If you try to represent yourself and a conviction results, the penalty for an aggravated misdemeanor burglary could be incarceration for up to two years and a fine of up to $8,540 for the first offense. If this is your second offense, the charge would then be for a class D felony. You could be facing a sentence of up to incarceration for up to five years and a fine of $10,245.

If you are contending with an arrest or investigation for any type of burglary or attempted burglary charge – first degree, second degree or third degree – you will be heading into not only prison time and high fines, but also risking your career, your home, your relationships, your future financial stability and your social reputation. It will be challenging to get another job with a background record. It is wise to speak with an experienced criminal defense lawyer as soon as you can. Call Lombardi & Miler Law Firm PLLC in West Des Moines for a free consultation.

The Prosecution Has To Prove Your Intent Beyond A Reasonable Doubt

The key to a conviction of burglary in Iowa is proving intent. The prosecution will have to provide evidence that your entry into an occupied building or structure was done so without permission and that you had intent to:

  • Commit a felony crime
  • Steal items from the structure
  • Assault persons in the building

Were you carrying a gun, knife, dynamite or other explosives, injured someone or engaged in sex with them? You may be convicted of first-degree burglary, a class B felony which results in up to 25 years in prison.

A conviction of second-degree burglary, a class C felony with up to 10 years in prison and a fine of up to $13,660 may result with or without explosives or injury to a person in the building.

In addition, if sexual acts are proven, you may also have to register as a sex offender in Iowa.

Challenging The Prosecution’s Case

We will build an aggressive defense strategy to challenge the prosecution’s case. Our aim is to protect your rights and ensure you get a fair trial. We delve into potential defenses such as you were in the building with an invitation or consent; you did not intend to commit a crime or you were a victim of entrapment, among others.

We draw from more than two decades of experience assessing evidence, investigating how the arrest went down and preparing for pretrial negotiations and trial. We have an excellent track record for presenting evidence and cross-examination during a trial. We do not stop with the lower court’s result. We will appeal the case when necessary.

Take Charge Of Your Future. Call Us Now.

When you engage our experienced burglary defense attorneys, we prioritize educating you about the nuances of Iowa’s complicated penal code. We offer compassionate and practical guidance. Call Lombardi & Miler Law Firm PLLC in West Des Moines at 515-402-3452 or complete our online form for a free consultation.