Felony theft charges in Iowa carry serious penalties, including hefty fines, time spent in prison, and long-term consequences. In accordance with Iowa law, there are five different degrees of theft offenses, though only first- and second-degree theft are considered felony offenses. Understanding the value thresholds, sentencing ranges, and aggravating factors in Des Moines and throughout Iowa is critical for those facing criminal charges. These charges are generally handled through the Iowa District Court, and may vary slightly in procedure depending on the county where the alleged offense took place. If you do not fight back against these charges, you could end up paying hefty fines and facing long prison sentences. You should talk to a Des Moines theft lawyer and start working on your defense.
How Does Iowa Classify Theft Offenses?
Unlike other states, Iowa does not use the terms “petty theft” or “grand theft” when classifying offenses. Instead, these crimes are considered degrees under Iowa Code Chapter 714. The classification depends primarily on the value of the property and the specific aggravating factors.
Iowa’s Theft Degrees Explained
- Fifth-Degree Theft (Simple Misdemeanor)
- Property valued at $300 or less
- Potential for up to 30 days in jail
- Fines up to $855
- Fourth-Degree Theft (Serious Misdemeanor)
- Property valued between $300 and $750
- Potential for up to one year in jail
- Fines up to $2,560
- Third-Degree Theft (Aggravated Misdemeanor)
- Property valued between $750 and $1,500
- Potential for up to two years in prison
- Fines up to $8,450
- Second-Degree Theft (Class D Felony)
- Property valued between $1,500 and $10,000
- Potential for up to five years in prison
- Fines up to $10,245
- First-Degree Theft (Class C Felony)
- Property valued over $10,000
- Potential for up to ten years in prison
- Fines up to $13,660
When Does Theft Become a Felony Offense in Iowa?
As mentioned, not all theft offenses are considered felonies under Iowa law. Instead, this crime will only be a felony offense when it reaches first- or second-degree classification. While the most common elevating factor is the value of the property stolen, there are other statutory factors that can impact the classification of a theft charge.
Primary Factors That Elevate a Theft to a Felony Offense
- Value Threshold
- Theft most commonly becomes a felony offense when the value of the property stolen reaches $1,500 or more. Property valued between $1,500 and $10,000 is a second-degree theft offense (Class D felony), while stolen property valued over $10,000 is classified as a first-degree theft offense (Class C felony).
- Motor Vehicle Theft
- Theft of a motor vehicle can qualify as second-degree theft, regardless of the value of the car
- Theft From Disaster-Affected Property
- Theft from an abandoned property as a result of a natural disaster, like fire, flooding, or a tornado, can increase the charges of a theft offense
- Victim Age Enhancement
- Iowa law allows for the reclassification of theft offenses in the event that the alleged victim is over the age of 60
- A theft offense that is otherwise a misdemeanor can become a felony offense
- A Class D felony can increase to a Class C felony
What Are The Penalties for Felony Theft in Iowa?
As mentioned, the penalties for a felony theft offense in Iowa will depend on how the offense is classified. However, sentencing can involve a number of statutory factors, like mandatory minimums, victim restitution, and post-release supervision.
Class D Felony (Second-Degree Theft)
- Up to five years in prison
- Fine of up to $10,245
- Probation eligibility in limited circumstances
- Mandatory restitution to the victim
- Potential for parole supervision
Class C Felony (First-Degree Theft)
- Up to ten years in prison
- Fine of up to $13,660
- Potential for increased parole supervision period
- Mandatory victim restitution
- Long-term felony record implications
How Prior Convictions Can Increase Sentencing
Iowa’s habitual offender laws can significantly increase the penalties you may face if you are convicted of a felony theft offense. In Polk County and other jurisdictions in Iowa, sentencing enhancements are applied in accordance with state statute.
Habitual Offender Enhancements
- Generally applies if the defendant has two prior felony convictions on their record
- Can require a mandatory minimum prison sentence
- Can substantially increase the time served before parole eligibility
- Places limitations on flexible sentencing
Collateral Consequences of a Felony Theft Conviction in Iowa
If you are convicted of a felony theft offense in Des Moines, Polk County, or the surrounding communities, it’s important to understand that this can have serious, long-term consequences that extend well beyond hefty fines and a stint in prison.
Long-Term Impacts
- Difficulty securing employment due to background checks
- Complications obtaining professional licensing
- Denial of housing applications
- Immigration impacts for visa-holders and non-citizens
- Loss of firearm rights
- Implications for child custody hearings
Talk to an Experienced Criminal Defense Attorney Today
If you are facing a serious felony theft charge in Des Moines or anywhere in Polk County, you do not have to navigate the complex Iowa justice system alone. At Herting Law, PLLC, we understand the impact these charges can have on your life, which is why we will do everything in our power to help you fight for the best possible outcome for your situation. Contact us today to schedule a consultation with our team. We can tell you more about what a seasoned defense attorney can do for you.
