Why Hire a Des Moines Theft Lawyer?

A theft crime conviction can impact a person for years, which is why it is so important that you do not put your trust in any attorney other than one who has significant experience handling theft crime cases. Our firm understands that people make mistakes, and we also understand that all too frequently, people are wrongfully charged with crimes. No matter your circumstances, we are here to help.

Theft Defined Under Iowa Law

Iowa law defines theft broadly. It includes taking possession or control of another person's property with the intent to permanently deprive the person of that property, but also misappropriation, theft by deception, and knowingly possessing stolen property. Shoplifting and certain white-collar crimes fall into this category. Robbery is a separate and more serious offense involving force or the threat of force.

Consequences of Theft Crimes in Iowa

As with most crimes, the consequences you may face upon conviction largely depend on the severity of the crime. In Iowa, there are five degrees of theft. The greater the dollar amount of property stolen, the harsher the penalties you will face. The consequences of theft charges in Iowa are as follows:

Property not exceeding $300: Fifth-degree theft (a simple misdemeanor), for which you may face up to 30 days in jail and a potential $105-$855 fine.
Property exceeding $300 but not exceeding $750: Fourth-degree theft (a serious misdemeanor), for which you may face up to one year in jail and a potential $430-$2,560 fine.
Property exceeding $750 but not exceeding $1,500: Third-degree theft (an aggravated misdemeanor), for which you may face up to two years in jail and a potential $855-$8,540 fine.
Property exceeding $1,500 but not exceeding $10,000: Second-degree theft (a Class D felony), for which you may face up to five years of incarceration and a potential $1,025-$10,245 fine.
Property exceeding $10,000: First-degree theft (a Class C felony), for which you may face up to 10 years of incarceration and a potential $1,370-$13,660 fine.

Theft Degrees Are Not Based on Value Alone

Under Iowa Code § 714.2, some circumstances raise the degree regardless of the property value. Theft directly from the person of another is first-degree theft, a Class C felony, even if the amount is small. Theft of a motor vehicle worth $10,000 or less is second-degree theft. Theft of property worth $750 or less by someone with two prior theft convictions is third-degree theft.

Enhanced Penalties for Theft Against an Older Individual

Under § 714.2A, theft against a person aged 60 or older, where the offender knew or should have known, raises every degree by one level. First-degree theft becomes a Class B felony, second becomes Class C, third becomes Class D, fourth becomes an aggravated misdemeanor, and fifth becomes a serious misdemeanor.

Contact a Des Moines Theft Lawyer

As you can see, the consequences of committing a theft crime in Iowa are very serious, and if you've been charged with a crime, the most important thing you can do is reach out to a Des Moines theft lawyer who has significant experience handling these cases. Contact Herting Law, PLLC today to learn more about how we can help guide you through every step of the legal process ahead.