Felonies in iowa

Felonies in iowa DEFAULT

How are crimes in Iowa treated? From felonies to misdemeanors, here are the differences.

One of the first things you hear when a person is arrested is what crime they are charged with, but before a person can be charged with a crime, it must be determined which crime they should be charged with.

Making arrests and filing criminal complaints is a task all officers must do, based on the definitions of offenses in Iowa law.

"A lot of it is interpretation of the law," Burlington Police Department Detective Tyler Henning explained. 

While officers make the initial arrest, it is up to the county attorney's office to make the final say on how things are charged, even if their decision is not in line with officers' recommendations.

In Iowa, all crimes are broadly defined in one of three categories: felonies, misdemeanors and schedule violations.

More:Burlington PD Detective: 'Law and Order' not like real life criminal investigations

Do criminals have to pay when sentenced

In cases involving monetary damages, defendants must pay damages done to the victim. Anytime a person pleads guilty to a felony that caused a person's death, they must pay $150,000 to the victim's family, though this restitution must be split in cases with multiple defendants.

Traffic travels along U.S. 61 near a 55 mph sign Friday Feb. 26, 2021 approaching Burlington. Currently, the speed limit heading north into town on U.S. 61 the speed drops from 65 mph down to 55 mph just north of Village Center Drive, which is about half a mile from Mason Road, and down to 45 mph just 150 feet from Mason Road. However, under a new proposal, the sign north of Village Center would be changed to 45 mph.

Ways judges can impact a crime sentence

Judges can decide to suspend fines and may also suspend items considered 'class B restitution' — which include court costs, attorneys fees and other fees paid to the government.

Judges also have the option to suspend jail time, placing the person on probation for crimes other than forcible felonies, which require prison time to be served. If probation is violated, the person can be sent to prison for the remainder of their sentence and any time they are sentenced to for probation violation.

Theft, criminal mischief, burglary, and robbery:What exactly is stealing?

What is a felony in Iowa? 

Felonies are considered serious crimes. In Iowa, all felony sentences which are not suspended must be served in prison, and sentences for forcible felonies cannot be suspended. 

There are four classes of felonies. Class A and B felonies do not, generally, come with a fine and a prison sentence of life and 25 years respectively. Class C felonies come with an up to 10-year sentence and a fine of up to $13,600, while class D felonies are punished by up to five years in prison and a fine of up to $10,245. 

More:'There is so much pride in this building': Inside Burlington's police headquarters

Anyone convicted of a felony must submit their DNA to be entered into a database and lose many rights, including the right to vote and the right to carry a fire arm. In some cases, these rights can be restored by the governor.

Examples of felonies in Iowa: 

What is a misdemeanor?  

All offenses which are not felonies are considered misdemeanors. Generally, misdemeanors are crimes for which the person will serve their time in jail, not prison. Though Webber said if a person is convicted of enough misdemeanors, they will be sent to prison due to only being allowed to stay in county jail for so long.

Misdemeanors are broken down into three classes — simple, serious and aggravated. Jail time is not required for simple misdemeanors, but a fine of up to $850 is required if it is not suspended by a judge. Serious misdemeanors are punished by up to one year in jail and a fine of up to $2,560. The most serious kind of misdemeanor, an aggravated misdemeanor, is punishable by up to $8,540 and up to two years in jail.

More:Iowa law classifies sexual abuse in three different ways. Here's what they are

Minors who commit simple misdemeanors cannot be sent to jail. Rather they must sentenced to pay a fine of up to $100 or serve community service.

Examples of misdemeanors in Iowa: 

More:BPD Citizens Academy attendees get a shocking experience

What is a citation, scheduled violation?

There is a specific class of crimes considered another class of misdemeanors — scheduled violations. Scheduled violations are items for which one receives a citation other than a parking ticket. Those who receive citations can pay some amount toward their fine before their court date to avoid appearing in court. 

Almost all traffic violations are scheduled violations except driving while barred, eluding police and a few other offenses. Scheduled violations have one set financial obligation, the fine amount plus 35% of the fine and court costs. Traffic citations do not appear on criminal background checks. However, a failure to appear charge coming from a traffic citation does appear on criminal background checks.

More examples of citations in Iowa: 

  • Driving an unregistered All Terrain Vehicle on a street
  • Fishing without a license
  • Hunting and trapping out of season or without a license
  • Possession of alcohol by a minor
  • Trespassing
Sours: https://www.thehawkeye.com/story/news/crime/2021/03/29/burlington-police-department-bpd-felonies-misdemeanors-citations-classified-iowa-law/7004552002/

Felony Charges

A felony offense is the most serious type of crime in Iowa. As a result, these kinds of criminal charges carry more severe penalties than misdemeanors. Convictions for felony offenses not only result in lengthy prison sentences and possibly enormous fines, but they cause several additional long-term difficulties. Any person with a felony conviction on his or her criminal record can experience several hardships when it comes to employment and housing as well as the loss of voting rights.

Any person with a felony conviction on his or her criminal record can experience several hardships when it comes to employment and housing as well as the loss of voting rights.

Attorney in Des Moines for Felonies

If you are facing felony charges in Iowa, it is in your best interest to immediately seek experienced legal representation. McCarthy & Hamrock, P.C. helps clients in these types of situations in and around Des Moines, including such communities as Ankeny, West Des Moines, Johnston, Altoona, and Urbandale.

Our Iowa felony defense attorneys have more than four decades of combined experience fighting to get these types of criminal charges significantly reduced or completely dismissed. You can have our frim provide an honest and thorough evaluation of your case by calling (515) 279-9700 right now to take advantage of a free, confidential consultation.


Iowa Felony Charges Information Center


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Types of Felony Offenses in West Des Moines

Many violent or sexual crimes result in felony charges. Additionally, alleged offenders who have been arrested for certain criminal offenses they were previously convicted of can also face felony charges.

Certain drug charges can be classified as felonies, depending on such factors as the type of controlled substance, the location of the offense, and whether the alleged offender has been previously convicted of the crime. Other common felony offenses include, but are not limited to:

  • Theft — First Degree (Class C Felony) or Second Degree (Class D Felony);
  • Operating While Intoxicated (OWI) — Third or subsequent offense (Class D Felony);
  • Sexual Abuse — First Degree (Class A Felony), Second Degree (Class B Felony), Third Degree (Class C Felony), or certain Lascivious Acts (Class C Felony or Class D Felony);
  • Burglary — First Degree (Class B Felony), Second Degree (Class C Felony), or Third Degree (Class D Felony);
  • Assault — Causing serious injury (Class D Felony) or involving use of an object to penetrate the genitalia or anus of another (Class C felony).

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Consequences of Felony Convictions in Des Moines

When a person is charged with a misdemeanor, he or she knows that they will typically be sentenced to no more than two years in a county jail or community-based correctional facility. Felony convictions are much more severe, usually resulting in several years in a state prison.

The maximum sentence an alleged offender faces depends on the specific classification of the felony. Statutory maximums are as follows:

  • Class D Felony — Up to five years in prison and a fine of up to $7,500;
  • Class C Felony — Up to 10 years in prison and a fine of up to $10,000;
  • Class B Felony — Up to 25 years in prison; and
  • Class A Felony — Up to life in prison.

Additionally, Iowa Code § 902.8 states that any person convicted of a Class C felony or Class D felony who has twice before been convicted of any felony in an Iowa court or the court of any other state will be classified as a “habitual offender.” Habitual offenders will be sentenced to a minimum of three years up to 15 years in prison, even if they have been charged with a Class C felony or Class D felony.


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Iowa Courts Handling Felony Cases

In the Hawkeye State, district courts are the state trial courts of general jurisdiction that have original jurisdiction in felony criminal cases. Each of Iowa’s 99 counties has its own courthouse, and such locations in the greater Des Moines area include:

Dallas County
801 Court Street
Adel, IA 50003
(515) 993-5816

Guthrie County
200 North Fifth Street
Guthrie Center, IA 50115
(641) 747-3415

Madison County
112 North John Wayne Drive
Winterset, IA 50273
(515) 462-4451

Polk County
500 Mulberry Street
Des Moines, IA 50309
(515) 286-3772

Warren County
115 North Howard Street
Indianola, IA
(515) 961-1033


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Resources for Felony Offenses in Des Moines

Iowa Code Chapter 902 — This is a link to the chapter of the Iowa Code discussing felonies. You can learn more about minimum and maximum sentences for certain offenders as well as eligibility for parole or work release. Additional statutes include information on reconsideration of sentences, places of confinement, and release.

District Courts – Iowa Judicial Branch — This is the official website of the Iowa Judicial Branch. You can learn more about all district courts, including local rules, administrative orders, and news and announcements for each district. Links to full lists of judges and magistrates can also be found on each district court page.


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Find a Felony Defense Attorney in West Des Moines, Iowa

Were you arrested in Iowa for allegedly committing a felony offense? Even if you are a first-time offender, these are extremely serious criminal charges that require experienced and aggressive legal counsel.

McCarthy & Hamrock, P.C. fights for clients in Warren County, Dallas County, Madison County, Guthrie County, and Polk County. Our Des Moines criminal defense lawyers can review your case as soon as you call (515) 279-9700 today to schedule a free initial consultation.

Sours: https://www.mccarthyhamrock.com/criminal-defense/iowa-criminal-process/felony-charges/
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What Is a Class B Felony in Iowa?

Like every other state, Iowa divides its crimes between misdemeanors and felonies. However, Iowa is the only state in the country in which misdemeanors can be punished by up to 2 years in jail. Normally, misdemeanors are punishable by a year or less in jail. Iowa has four classes of felonies, with Class A being the most serious. Class B felonies include:

  • Possession of marijuana – between 100 and 1,000 kilograms
  • Burglary – 1st degree
  • Sexual abuse – 2nd degree
  • Terrorism
  • Kidnapping – 2nd degree

Maximum and Minimum Sentences

Iowa has an open-ended sentencing range for crimes. For a Class B felony, the maximum prison term is 25 years. It is possible for courts to defer or suspend the sentence for a Class B felony, as long as the crime wasn’t a “forcible felony.” However, it is much more common for Class B felonies to receive enhanced penalties based on the specific circumstances of the crime.

Extended Sentences

While it is possible to avoid a prison sentence for a Class D felony, Iowa has many statutes on the books that can enhance the penalty for Class B felonies. For example, prior felony convictions can lead to more severe sentencing guidelines. A defendant accused of the Class B crime of sexual abuse in the second degree who has a prior sexual abuse conviction is sentenced under Class A guidelines. Other situations that trigger enhanced penalties include sexual predatory crimes, possession of weapons in weapon-free zones and disregarding school bus warning lights and stop arm signals. In some cases, aggravating circumstances include a forcible felony involving the use of a firearm, which disqualifies that defendant from parole considerations, or a defendant classified as a habitual offender.

Loss of Rights and Benefits

As soon as you are convicted you will lose the following rights in Iowa:

  • Serve as a voting poll worker
  • Hold state office
  • Vote
  • Own or possess a firearm
  • Work many healthcare, other jobs that require federal and state licenses, although in many cases the crime must be related in some way to the profession

The right to serve on a jury is not automatically lost with a felony conviction in Iowa. However, that fact can be used by attorneys choosing juror. No civil rights lost in Iowa as a result of a felony conviction are automatically restored when the sentence and any fine or parole obligations are completed.

Employment and Housing with a Felony Record

One of the main issues with both potential employers and landlords is the concern that, as a felon, you will commit another crime. That could put the employer or landlord at risk for a civil lawsuit. There are some state and federal programs that provide bonding for employers willing to hire ex-felons. Experts recommend checking with state agencies, such as the Iowa Department of Labor, to find out about employers and landlords participating in re-entry programs that target individuals with criminal records.

Clearing Your Record

While expungement is available in some situations in Iowa, it cannot be used for most felony convictions, including Class B felonies. However, the most common way to restore civil rights lost by a felony conviction is by applying for a pardon to the governor. There are actually two options open to ex-felons: one is to request a pardon and the other is to request a Special Restoration of Citizenship Rights, which applies only to owning and possessing firearms. Iowa law allows anyone convicted of an “infamous crime” – which basically means any felony – to be eligible to apply for a Restoration of Citizenship Rights. There are few formal rules; however, the acknowledged policy of the governor’s office is for ex-felons to wait at least 5 years after completing their sentences to apply for the special restoration. For a pardon, the generally accepted waiting period is 10 years, assuming there has been no additional criminal activity since the completion of the sentence. The process can be time-consuming – often taking one to two years.

For more information on crimes in the state, consult Title 16 of Iowa’s Criminal Code and sentencing guidelines.

This article is for informational purposes only. If you need legal advice, you should visit an attorney.

 

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Classification of Iowa Crimes

Helpful Information from Our Des Moines Criminal Defense Lawyer

Below, we have compiled information regarding how crimes are classified in Iowa. Read on to learn more and gain insight into the charge you are facing.

Class A Felony

A person who is guilty of this crime shall be sentenced to life in prison with no possibility of parole unless the governor commutes the sentence.

Class B Felony

A person who is guilty of this crime shall not be sentenced to longer than 25 years in prison. An habitual offender shall not be confined for longer than 15 years. Some class B felonies have 70% mandatory minimums (a.k.a "a quarter-seventy"). For example, if you are convicted of robbery in the first degree, you are required to serve 70% of the 25-year sentence, which is 17.5 years.

Other class B felonies under the 70% rule include:

  • Homicide by vehicle while intoxicated
  • Attempted murder
  • Kidnapping in the second degree
  • Sexual abuse in the second degree
  • Robbery in the first degree (50%-70%)
  • Arson in the first degree (50%-70%)

Class C Felony

A person – who is not an habitual offender – guilty of this crime shall not be sentenced to more than 10 years in prison. In addition to the sentence, the person shall be assessed a fine of at least $1,370 but not more than $13,660 plus a 15% surcharge. Some class C felonies require that you serve at least 70% of the minimum sentence. One well-known crime that requires the 70% minimum is robbery in the second degree.

Class D Felony

A person – who is not an habitual offender – shall not be sentenced to more than five years in prison. In addition to the sentence, the person shall be assessed a fine of at least $1,025 but no more than $10,245 plus a 15% surcharge.

Aggravated Misdemeanor

A person who is guilty of this crime shall not be sentenced to more than two years. In addition to the sentence, the person shall be fined at least $855 but not more than $8,540 plus a 15% surcharge.

Serious Misdemeanor

A person who is guilty of this crime shall not be sentenced to more than one year. In addition to the sentence, the person shall be assessed a fine of at least $430 but not more than $2,560 plus a 15% surcharge.

Simple Misdemeanor

A person who is guilty of this crime shall not be sentenced to more than 30 days in jail. In addition to the sentence, the person can be fined at least $105 but not more than $855 plus a 15% surcharge.

It should be noted that the above crimes and penalties have exceptions. You should check the specific crime in the Iowa Code to determine the minimum and maximum punishment for each specific crime. The above information is correct for a vast majority of the crimes. One well-known crime that does not follow the above rules is the minor in possession of alcohol conviction. Although it is considered a simple misdemeanor, one must pay a minimum of a $250 fine plus court costs and surcharge.

Court Costs & Surcharge

Whether you have to pay a criminal or civil fine in Iowa, you will be assessed a surcharge of 15% to your fine. In a criminal case, you will also be assessed court costs of $60 for simple misdemeanor cases and $100 for serious misdemeanors, aggravated misdemeanors, and felonies.

If you have any questions regarding the charge classifications in Iowa, do not hesitate to contact the Feld Law Firm to schedule your free consultation. Our Des Moines criminal defense attorney would be happy to discuss why you or your loved one was charged the way they were charged. We can also inform you if you actually were charged wrong. Regardless, it does not hurt to call and speak with an attorney so that you can be pointed in the right direction.

Reach out to us at (515) 996-4441 to get started.

Sours: https://www.iowacrimelawyer.com/about-us/classification-of-iowa-crimes/

Iowa felonies in

What Is a Class D Felony in Iowa?

Iowa divides its criminal offenses between misdemeanors and felonies. Unlike virtually any other state, misdemeanors in Iowa can be punished by up to 2 years in jail. Felonies in the state are placed in one of four classes. Class A contains the most serious crimes while Class D contains the least serious felonies. Class D felonies in Iowa include:

  • Theft – second degree
  • Burglary – third degree
  • Lascivious acts
  • Pimping

Maximum and Minimum Sentences

The basic sentencing range for a Class D felony is up to 5 years in prison and a fine between $750 and $7,500. There is no mandatory prison term for Class D felonies; and in fact, many Class D arrests end up without a prison term. One option for the court is deferred judgment. Under Iowa law, a Class D felony qualifies for deferred judgment as long as the crime wasn’t lascivious acts or one of violence, the defendant didn’t have a previous felony conviction and deferred judgment or similar relief had not previously been granted by the state. Deferred judgment requires a guilty plea and places the defendant into probation. If the probation program is completed without any criminal setbacks, the guilty plea is never formally entered into the record.

Extended Sentences

While it is possible to avoid a prison sentence for a Class D felony, Iowa law also includes statutes that can enhance the penalty for a Class D felony.  Any defendant with two prior Class C or D felony convictions is considered a habitual offender. That adds 3 years to the sentence, and that additional term is not subject to parole. Enhancements also are possible for aggravating circumstances, such as possession of a firearm during the commission of a crime.

Loss of Rights and Benefits

As soon as you are convicted you will lose the following rights in Iowa:

  • Hold state office
  • Vote
  • Own or possess a firearm
  • Serve on a grand jury
  • Serve as a voting poll worker
  • Work many healthcare and other jobs that require federal and state licenses, although in many cases the crime must be related in some way to the profession

No civil rights lost in Iowa as a result of a felony conviction are automatically restored when the sentence for the conviction is completed.

Employment and Housing with a Felony Record

Employers can ask about your criminal history and run background checks to discover arrests even if they did not lead to convictions or guilty pleas. Published reports indicate that two-thirds of employers in the U.S. will not hire someone with a felony conviction. Finding housing is also very difficult for felons, and laws make it possible for Public Housing Authorities to turn down applicants with a felony conviction and to evict an existing tenant once he or she is convicted of a felony.

Clearing Your Record

Expungement is not available to most people with felony convictions in Iowa. The most commonly used avenue to restore civil rights lost with a conviction in Iowa is by special request to the governor. Anyone convicted of an “infamous” crime – which has been interpreted to mean any crime with a sentence of at least a year in prison – is eligible to apply for a restoration of rights. There is no waiting period required, although most state officials suggest a 5-year period from the completion of the sentence. A felon still paying a fine, civil penalty or restitution can still apply as long as those payments are up to date.

For more information on crimes in the state, see Iowa’s Criminal Code and sentencing guidelines.

The information contained above is for informational purposes only. If you need legal advice you should visit an attorney.

 

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School official, coach face felony charges after Iowa bar fight

In Iowa, felonies are crimes that are punishable by incarceration in state prison for terms of two years or more.

In Iowa, felonies are crimes that are punishable by incarceration in state prison for terms of two years or more. Felonies in Iowa are designated as class "A," "B," "C," or "D."

Iowa is distinct from most other states because in Iowa, misdemeanors (less serious crimes) are punishable by up to two years, rather than one year, in county or local jail. For more information on misdemeanors in Iowa, see Iowa Misdemeanor Crimes by Class and Sentences.

Class "A" Felonies

A class "A" felony is the most serious type of felony, punishable by life imprisonment. Sexual assaults that cause serious injury are class "A" felonies. (Iowa Code § 902.1 (2019).)

Class "B" Felonies

A class "B" felony is typically punishable by up to 25 years in prison. First degree burglary is an example of a class "B" felony. (Iowa Code § 902.9 (2019).)

Class "C" Felonies

Class "C" felonies are usually punishable by a prison term of up to ten years and a fine of between $1,000 and $10,000. For instance, thefts of property worth more than $10,000 are punishable as class "C" felonies. (Iowa Code § 902.9 (2019).)

Class "D" Felonies

A class "D" felony, the least serious type of felony in Iowa, is normally punishable by up to five years' imprisonment and a fine of between $750 and $7,500. Cultivation of up to 50 kilograms of marijuana is a class "D" felony. (Iowa Code § 902.9 (2019).)

Fines

Some criminal statutes also impose fines for specific crimes. For example, a court can, in addition to a prison sentence of up to 25 years, impose a fine of $5,000 to $100,000 on a person convicted of selling between 100 and 1,000 kilograms of marijuana. (Iowa Code § 124.401 (2019).)

Statutes of Limitations

A statute of limitations is a time limit after which a prosecutor can no longer bring criminal charges. Usually, more serious crimes have longer statutes of limitations. In Iowa, murder has no statute of limitations, while most other felonies have a three-year limitation period.

Obtaining Legal Assistance

A criminal record in Iowa can have extremely serious consequences that can endure long after a sentence has been served. The best way to avoid a felony conviction is to talk to an experienced criminal defense attorney in your area. A good lawyer can help you understand the legal process and make the best arguments to protect your rights.

Sours: https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/iowa-felony-class.htm

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