Aggravated Theft Lawyer In Des Moines
In order to prove that you committed aggravated theft, the government must show that you:
- Committed an assault
- The assault was a simple misdemeanor punishable under Iowa Code Section 708.2(6)
- You took (or tried to take) property
- That property did not exceed $300 in value
- You took (or tried to take) the property from a store or mercantile establishment
- (OR you concealed the store's property)
- You committed the assault AFTER you committed or attempted the theft
Aggravated Misdemeanor Aggravated Theft
If the government can prove the elements of aggravated theft but CANNOT prove that you have previously been previously convicted of another aggravated theft, robbery, or extortion offense, you will be convicted of an aggravated misdemeanor.
Class D Felony Aggravated Theft
If the government can prove the elements of aggravated theft and can ALSO prove that you have previously been previously convicted of another aggravated theft, robbery, or extortion offense, you will be convicted of a Class D felony.
Robbery is a felony offense.
- Aggravated Misdemeanor Aggravated Theft
- Up to two years in prison
- $855 minimum to $8,540 maximum fine
- Class D Felony Aggravated Theft
- Up to five years in prison
- $1,025 minimum to $10,245 maximum
You will have to pay an additional 15% crime services surcharge on any fine
Class D Felony Aggravated Theft is a Forcible Felony
"A “forcible felony” is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, human trafficking, arson in the first degree, or burglary in the first degree. " - Iowa Code 702.11
No deferred or suspended judgments or sentences
Iowa Code 907.3 won't permit the judge to grant you a deferred judgment, deferred sentence, or suspended sentence following a forcible felony conviction. If you're convicted, a prison sentence will be imposed.
Aggravated Theft Enhancements
If you are convicted of Class "D" felony Aggravated Theft and you have two or more previous felony convictions from any jurisdiction, you may be charged as a "habitual offender."
The penalty for a habitual offender is a prison sentence of up to 15 years, rather than a prison sentence of up to 5 years.
If you're sentenced to prison as a habitual offender, you won't be eligible for work release or for parole for at least 3 years.
Aggravated Theft Defenses
- Mistaken Identity - If it's reasonable to think that someone else was the person committing the offense, then you shouldn't be held responsible.
- Alibi - Were you somewhere else? If you were testifying in front of Congress at the time of the alleged offense, the jury should hear about your alibi.
- Fourth Amendment Search and Seizure - The Fourth Amendment, with some specific and well-delineated exceptions, guards you from warrantless searches and seizures.