Des Moines Burglary Defense Lawyer in Des Moines
Defending Those Who Have Been Accused Of Burglary in Iowa
In Iowa, burglary is defined as the willful or malicious entering of a building or other structure to commit a felony or theft. If convicted, you face serious penalties, including thousands of dollars in fines, prison time, and a criminal record that will greatly affect your life for years to come. At Clark & Sears Law, our Des Moines burglary attorneys are committed to protecting your rights and fighting for your best interests when facing these charges.
Call Clark & Sears Law today at (515) 200-2787 or contact us online to schedule a consultation with our burglary attorney in Des Moines.
What is Burglary?
Burglary is a serious criminal offense in Iowa, and it involves unlawfully entering or remaining inside a building with the intent to commit a theft, assault, or other criminal act. The key elements that must be proven for a burglary conviction include:
- Unlawful Entry: The prosecution must demonstrate that you entered a building or remained inside without the owner's consent or without a lawful reason.
- Intent: It must be established that you entered the premises with the intention to commit a crime, such as theft, assault, or property damage.
- Building Structure: Burglary typically involves structures like homes, businesses, or other buildings, and it doesn't apply to open areas or vehicles.
Burglary charges in Iowa can be classified into first-degree and second-degree burglary, with first-degree burglary being the more severe offense. The exact circumstances of the alleged crime will determine which degree of burglary you may be charged with.
What are the Penalties for Burglary in Iowa?
The penalties for burglary in Iowa can be severe and life-altering. Understanding the potential consequences is essential for anyone facing these charges. Here is an overview of the penalties for burglary:
- First-Degree Burglary: First-degree burglary is a Class B felony in Iowa and carries a potential sentence of up to 25 years in prison.
- Second-Degree Burglary: Second-degree burglary is a Class C felony in Iowa. Conviction may lead to a prison term of up to 10 years.
It's important to mention that these penalties can be even more severe if you have prior criminal convictions or if the burglary involved the use of a weapon or caused bodily injury to another person. A burglary conviction can impact your life, affecting your employment, housing, and personal relationships.
Defenses Against Burglary Charges
Some common defenses against burglary charges may include:
- Lack of Intent: If it can be revealed that you did not enter the premises intending to commit a crime, the prosecution's case may weaken.
- Consent: If you had permission to enter the building or had a legitimate reason to be there, this can be a strong defense.
- Mistaken Identity: If there is reasonable doubt about your identity as the perpetrator, it can be a powerful defense strategy.
- Illegal Search and Seizure: If evidence was acquired unlawfully or without a valid search warrant, it may be possible to suppress that evidence.
- Alibi: Proving that you were elsewhere at the time of the alleged burglary can be a compelling defense.
At Clark & Sears Law, we provide the legal guidance and representation you need to safeguard your future. Our commitment to your case and our extensive knowledge of Iowa's criminal laws set us apart. Contact our Des Moines burglary lawyer now, and let us fight for your rights and freedom.
Contact Clark & Sears Law today to get started with our Des Moines burglary lawyer.