If you’ve been charged with theft or another property crime, you need skilled, experienced legal representation to shield you from the consequences. That’s where Fitzgerald, Klesner, & Pavelich, PLC, comes in. We help people in Iowa defend themselves against criminal charges for property-related offenses.
Our attorneys represent individuals accused of a range of property crimes, including:
Whether you’re facing penalties for a misdemeanor or felony criminal offense, we are equipped to help you fight them.
In Iowa, there are varying degrees of theft, from first-degree to fifth-degree.
First-degree theft is when someone steals another person’s property, steals something valued at $10,000 or loots from a building that was left unoccupied or destroyed due to a disaster. First-degree theft is a class C felony, which, upon conviction, could lead to a 10-year prison sentence and fines ranging from $1,370 to $13,660.
Second-degree theft is when the stolen property’s value falls between $1,500 and $10,000. It is a class D felony with a maximum 5-year prison sentence and fines between $1,025 and $10,245.
Third-degree theft is when the value of the stolen property is between $750 and $1,500. This charge is also issued against people the third time they steal property valued below $750. Third-degree theft is an aggravated misdemeanor with a maximum prison sentence of two years and fines ranging from $855 to $8,540.
Fourth-degree theft is when the stolen property’s value is between $300 and $750. It is a serious misdemeanor with fines between $430 and $2,560. The maximum prison sentence is one year.
Finally, fifth-degree theft is when the property’s value is less than $300. It is a simple misdemeanor resulting in up to 30 days in jail and fines between $105 and $855. The jail time may be sentenced instead of a fine or along with the fine.
Defending against theft charges requires a careful analysis of the prosecution’s evidence and the specific circumstances of the case. Common defense strategies include challenging the intent element by demonstrating that you did not intend to permanently deprive the owner of their property. Mistaken identity defenses may apply when witness identification is unreliable or surveillance footage is unclear.
Lack of knowledge can be a viable defense if you were unaware that the property belonged to someone else or that taking it was unlawful. Additionally, constitutional violations during police searches or interrogations can lead to the suppression of evidence if your rights were violated.
Shoplifting penalties in Iowa depend on the value of the merchandise involved and follow the same degree structure as other theft crimes. Beyond criminal penalties, shoplifting convictions carry additional consequences that can significantly impact your future. College students face particularly severe repercussions, including potential suspension or expulsion from their academic programs.
Many retailers pursue civil penalties against shoplifters, allowing them to recover damages even if criminal charges are dropped. These civil claims can result in substantial financial liability beyond any criminal fines. Professional licenses may be jeopardized by theft convictions, affecting careers in healthcare, education, finance and other regulated industries.
Theft convictions generally remain on your criminal record permanently unless you take legal action to have them removed. Iowa law provides limited opportunities for record expungement or sealing, typically only for certain misdemeanor offenses after waiting periods have elapsed.
Having a theft conviction on your record can create long-term barriers to employment, housing, professional licensing and educational opportunities. Many employers conduct background checks and may disqualify applicants with theft convictions, viewing them as indicators of dishonesty or poor judgment. This makes fighting theft charges aggressively from the beginning crucial to protecting your future prospects.
If you’re facing criminal charges for theft or a similar crime, our attorneys are here to help you fight them. We offer criminal defense in Des Moines, giving our clients a chance to fight serious theft charges. Call 319-354-1712 or complete a contact form to request a free initial consultation.
