Facing theft charges in Iowa can be overwhelming as your future is at stake. However, you don’t have to navigate the legal system alone. If you have been charged with any form of theft, it’s in your best interest to contact an experienced Des Moines Theft Lawyer who can advocate for your rights. Please continue reading as we explore the potential defenses you can raise to protect your freedom.
What Consitutes Theft in Iowa?
Under Iowa law, theft is defined as taking possession or control of another’s property with the intent to deprive them permanently of it. This offense encompasses a broad range of crimes, including shoplifting, robbery, certain white-collar crimes, and more. A conviction for theft can have long-lasting consequences.
Similar to other states, Iowa classifies theft charges according to the value of the property or services that were allegedly stolen. Theft can be charged as either a misdemeanor or a felony. When property is valued at less than $300, the offense is considered a simple misdemeanor, which is punishable by fines of up to $855 and up to 30 days in jail. For stolen property valued more than $10,000, the offense is considered a Class C felony, which is punishable by fines of up to $13,660 and up to ten years of incarceration. Essentially, the greater the dollar amount of property stolen, the harsher the penalties you will face.
What Are Common Defenses Against Theft Charges?
The criminal defense strategies you can utilize to protect your freedom will depend on the unique circumstances of your case. However, the following includes defenses that may be available:
- Lack of intent: To be convicted of this crime, the prosecution has to prove that you intentionally took the property without permission and did not intend to return it. If you did not intend to deprive the property owner permanently or believe you had a legal right to it, you might have a valid defense to challenge theft allegations.
- Mistaken identity: The prosecution also has the burden of proving beyond a reasonable doubt that the defendant is the party who committed the crime. If you have been incorrectly identified as the perpetrator of the theft and have a strong alibi, this could establish your innocence.
- Duress: If you committed the theft due to threats or coercion, you may have a defense against criminal liability. If you were forced to commit the crime, you must demonstrate that you had no other option.
- Entrapment: If law enforcement officers induced you to commit the crime through deception or coercion, you may a defend based on entrapment as this violates your right to due process.
As you can see, the penalties for committing a theft crime in Iowa are serious. If you have been charged with a crime, it’s in your best interest to contact a Des Moins theft lawyer from Herting Law, PLLC, who can help guide you through every step of the legal process ahead and defend your rights. Connect with our firm today to learn how we can fight for you.
