Iowa law, like most states, criminalizes more than just the physical act of theft; it is also a crime to hold, receive, or control stolen property. This means you can be arrested and prosecuted simply for possessing property the state claims you knew or should have known was stolen, even if you weren’t involved in the original theft. These cases can be complicated and seem unjust, particularly if you believed you were helping someone or got a good deal without realizing the property was stolen. Please continue reading as we explore what you should know about these matters and how an experienced Des Moines Theft Lawyer can assist you during these difficult times.
How Does Iowa Law Treat Possession of Stolen Property?
First and foremost, it is important to understand that “theft of property” not only covers taking property from its rightful owner, but also exercising control over property that you know is stolen or acquiring it under suspicious circumstances. Essentially, if you receive, hold, use, sell, or help dispose of property that was stolen and you knew or believed it was stolen, you can be charged with this crime.
It should be noted that an individual does not need to be physically holding an item to be charged with possession of stolen property. The law generally defines possession in two ways:
- Actual Possession: This means that the item is directly on your person or within your immediate reach and control.
- Constructive Possession: This applies when the item is in a location you control, such as your home, vehicle, or storage unit. You may be charged if you knew the item was there and could exercise control over it, even if you were not touching it at the time it was found.
If stolen goods are discovered in your personal space, you can face charges if the state can establish a link between you and both the location and the property.
In most stolen property cases, the central issue is knowledge. To secure a conviction, the prosecution typically must demonstrate two things:
- The property was, in fact, stolen.
- You either knew it was stolen or had strong reason to believe it was stolen at the time you acquired or kept it.
You cannot simply avoid liability by claiming ignorance. If the circumstances had made a reasonable person suspicious, prosecutors may argue that you intentionally disregarded clear warning signs.
What Are the Potential Consequences?
In Iowa, the severity of theft charges, including the possession of stolen property, is primarily determined by the value of the property involved. However, the type of item stolen can also influence the grading of the offense. Grading of theft offenses is as follows:
- Misdemeanor: Typically applies to lower-value property.
- Felony: Reserved for higher-value property.
- Enhanced Penalties: Certain items, such as firearms, vehicles, livestock, or government property, may result in felony charges or harsher penalties regardless of their specific monetary value.
The greater the value or the more serious the category of property, the higher the risk of substantial fines and extended prison time. The potential consequences depend on whether the theft is charged as a misdemeanor or a felony:
- Misdemeanor Theft: Punishable by up to a year in jail, fines, probation, restitution, community service, and results in a permanent criminal record.
- Felony Theft: Punishable by multi-year prison sentences, such as higher fines, longer periods of probation, and restitution obligations.
For skilled representation, please don’t hesitate to contact an attorney at Herting Law, PLLC.
