Eleanor Finch
Being charged with a crime in Iowa can be life-altering, with severe and permanent personal, social, economic, and legal consequences. It is important to understand the nature and severity of the charges brought against you, and to seek legal advice. Iowa's criminal code classifies crimes into misdemeanours and felonies, with felonies being the most serious. Misdemeanours are further classified as simple, serious, or aggravated, and can carry a sentence of up to two years in prison. Felonies are divided into classes, with Class B felonies carrying a maximum sentence of 25 years in prison. The specific sentence will depend on factors such as the defendant's criminal history, the presence of a victim, and the level of cooperation.
| Characteristics | Values |
|---|---|
| Classification of crimes | Felony offenses are the most serious crimes, followed by misdemeanors, which are further classified as indictable (serious or aggravated), simple, or petty |
| Misdemeanor sentencing | Up to one year in county jail or a maximum of two years in prison for indictable misdemeanors; court costs of $60 for simple misdemeanors |
| Felony sentencing | Life imprisonment with no possibility of parole; a maximum of 25 years in prison; a maximum of 15 years for habitual offenders; 70% mandatory minimums for some Class B felonies |
| Expungement | Public intoxication convictions may be expunged after two years without further convictions |
| Marijuana possession | Possession with intent to distribute is a minimum Class D felony; sharing with friends may be considered an accommodation exception and sentenced as ordinary possession |
| Investigation | Conducted by the agency with jurisdiction over the crime location, but any Iowa peace officer can be involved; may last from a few hours to a few years |
| Charge decision | Made by the investigating officer, sometimes in consultation with other officers, a supervisor, and/or the county attorney |
| Arraignment | Defendant enters a plea of guilty or not guilty, and a trial date is set |
| Sentencing factors | Defendant's actions, presence of a victim, personal injury or property damage, defendant's criminal history, history of services, attitude, and level of cooperation |
| Victim restitution | Victims have the right to address the court and describe the impact of the defendant's actions |
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What You'll Learn
Criminal investigations and charges
Misdemeanours are less serious crimes, with simple misdemeanours being the least serious offences in the Iowa Code. These can include traffic offences and convictions for public intoxication. A conviction for a simple misdemeanour can result in a fine and court costs of $60. Indictable misdemeanours, also referred to as serious or aggravated misdemeanours, carry harsher penalties, including a term of up to one year in county jail or a maximum of two years in prison. Convictions for serious or aggravated misdemeanours can also result in enhanced sentencing for repeat offenders, increasing the penalties to the felony level.
In Iowa, possession of marijuana with the intent to distribute or deliver is a chargeable offence. The first offence is classified as a misdemeanour, while subsequent offences are enhanced to a minimum of a Class D felony. The "accommodation exception" recognises that sharing a small amount of marijuana with friends carries less criminal culpability than selling for profit. In these cases, the defendant is sentenced as an ordinary possession of marijuana offence.
Criminal investigations in Iowa can be conducted by any peace officer in the state, and they may call upon the Division of Criminal Investigation for assistance. These investigations can take anywhere from a few hours to a few years to complete, and the involvement of witnesses and the availability of evidence play a crucial role in their success. Once an investigation is complete, an officer, in consultation with their supervisor, other officers, or the county attorney, decides on the appropriate charge.
It is important to note that a charge cannot be filed without sufficient evidence to support all the elements of the crime. During the criminal process, the defendant is advised of the charges and their potential legal consequences. They can then apply for court-appointed counsel and prepare for their defence.
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Misdemeanours and felonies
Iowa, like all states, divides crimes into two primary categories: misdemeanours and felonies. Misdemeanours are less serious crimes that are punishable by up to two years in local or county jail. Felonies, on the other hand, are more serious crimes that are punishable by more than two years in state prison.
Misdemeanours
Misdemeanours in Iowa are categorised as aggravated, serious, or simple. Aggravated misdemeanours are the most severe class of misdemeanours, punishable by up to two years in jail and a fine ranging from $625 to $8,540. Examples of aggravated misdemeanours include assault hate crimes, third-degree theft, and stalking. A second conviction for stalking, however, would result in a felony charge.
Serious misdemeanours in Iowa can result in up to one year in jail and a fine ranging from $315 to $2,565. Examples of serious misdemeanours include second-degree harassment, carrying a gun or weapon while intoxicated, and animal neglect.
Simple misdemeanours are the least severe and are punishable by up to 30 days in jail and a fine ranging from $105 to $850.
Felonies
Felonies in Iowa are classified as Class A, B, C, or D, with Class A being the most serious. Class A felonies are punishable by life imprisonment, while Class B felonies carry a sentence of up to 25 years in prison. Class C felonies can result in up to 10 years in prison and a fine ranging from $1,000 to $10,000. Finally, Class D felonies carry a sentence of up to five years in prison and a fine ranging from $750 to $7,500.
It is important to note that repeat misdemeanour crimes can result in felony charges. For example, a third conviction for domestic abuse assault would be elevated to a Class D felony.
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Criminal defence
The criminal justice system in Iowa can be complicated, and the consequences of a criminal conviction are extremely serious. If you are accused of a crime in Iowa, you should seek the assistance of a criminal defense attorney to protect your legal rights and future opportunities.
Criminal defense lawyers in Iowa can work to find the best possible deal for their clients. They may, for instance, negotiate with the government to have charges dropped if the defendant pleads guilty to a lesser charge. If this is not possible, the lawyer will fight in court to convince the jury that there is reasonable doubt as to the defendant's guilt.
The majority of trials associated with criminal accusations invoke the General Denial Defense. In this case, the defense lawyer will point out inconsistencies in the evidence and present evidence on behalf of the defendant that contradicts or minimizes the evidence presented by the prosecution. Iowa law also provides certain "affirmative defenses" to those accused of committing crimes, including alibi, insanity, diminished responsibility, intoxication, entrapment, and justification. These affirmative defenses must be raised prior to the trial and within forty days following the defendant's charge.
In the case of the "prove it defense," the accused must establish a defense by a preponderance of the evidence, which can be applied to both general and specific intent crimes. Iowa's M'Naghten rule states that a person is insane if, at the time the offense was committed, they were suffering from a diseased or deranged mental condition that rendered them incapable of knowing the nature and quality of their acts or distinguishing between right and wrong. Temporary insanity is a sub-category of this defense that can be used if the defendant can provide substantial evidence of insanity due to the involuntary ingestion of an intoxicant.
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Criminal record expungement
In Iowa, expungement of criminal records means that the record is separated from publicly available online sources and held in a secure database that is not available for public access. While expungement means that the record will no longer be accessible to the general public, it does not mean that the record of the case will cease to exist completely. Arrest or conviction records that have been expunged may still be used for law enforcement purposes and are available with a court order.
To be eligible for expungement, certain criteria must be met. The person cannot have any pending criminal charges, and they cannot have previously been granted two deferred judgments. All court-ordered costs and fees must be paid, and certain categories of misdemeanours cannot be expunged.
Iowa law allows for the expungement of one misdemeanour conviction in a person's lifetime. This includes dismissed/acquitted non-indictable traffic scheduled violations and anything charged under local traffic ordinances. For a dismissed traffic-related case to qualify, it would need to be an indictable offence—at least a serious misdemeanour or higher.
Additionally, public intoxication, possession of alcohol under the legal age, and juvenile prostitution convictions are eligible for expungement if the individual receives no other criminal convictions (excluding traffic offences or simple misdemeanour traffic offences) during the two years following the conviction.
To apply for expungement in Iowa, individuals must first locate their criminal record from the Iowa Division of Criminal Investigation. They then complete the "Application to Expunge Court Record" form and submit it to the court in which they were convicted.
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Sentencing
In Iowa, sentencing depends on the classification of the crime. Felony offenses are the most serious crimes established in the Iowa Code. Conviction of a serious or aggravated misdemeanor can result in a term of up to one year in county jail or a term not exceeding two years in prison. Aggravated misdemeanors can also result in court costs of $100.
Simple misdemeanors are the least serious offenses in the Iowa Code and can include traffic offenses. Conviction of a simple misdemeanor can result in court costs of $60.
Class B felonies have 70% mandatory minimums, also known as "a quarter-seventy". For example, if convicted of robbery in the first degree, one must serve 70% of a 25-year sentence, which is 17.5 years.
In some cases, a conviction may be expunged from an individual's criminal record. For instance, public intoxication convictions may be expunged if the individual goes at least two years without further convictions (excluding simple traffic offenses). The individual must then petition the court to expunge the conviction, and if the individual qualifies, the judge is legally required to grant the expungement.
The Offense of Accommodation is a step below possession of marijuana with the intent to distribute. The accommodation exception applies when the offense involves the delivery of 1/2 ounce or less, and the marijuana was not offered for sale. In these situations, the defendant is sentenced as an ordinary possession of marijuana offense.
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Frequently asked questions
Felony offenses are the most serious crimes in Iowa. Misdemeanors are less serious, and are divided into simple misdemeanors, and serious or aggravated misdemeanors.
Simple misdemeanors can result in a fine and/or a term of up to one year in county jail. Serious or aggravated misdemeanors can result in a term of up to two years in prison.
Felonies can result in a prison sentence of over two years, up to life in prison with no possibility of parole.
