David A. Cmelik Law PLC
Criminal lawyer: Iowa burglary defined
The Iowa criminal code defines burglary as entry into, or remaining inside afterhours, a structure capable of being occupied with the specific intent to commit an assault, felony, or theft therein. All burglaries except for car burglaries and some burglary attempts are felonies.
There are three degrees of burglary. Third degree burglary is burglary of an unoccupied structure or car. Burglary in the third degree, involving an unoccupied structure, is a Class “D” felony in Iowa and is punishable by at most five years in prison. Third degree burglary of an automobile is an aggravated misdemeanor. Attempted third degree burglary is an aggravated misdemeanor and attempted automobile burglary is a serious misdemeanor.
Second degree burglary is when burglars have a gun or bomb or any person inside has a bodily injury capable of healing—or, in the alternative, no one has any bombs, guns, or injuries but the rightful possessors of the property are present during the burglary. Burglary in the second degree is a Class “C” felony and is punishable by at most ten years in prison.
First degree burglary is the most serious of all burglaries. It requires persons present along with bomb, gun, reckless injury, or sexual assault. It is a Class B felony punishable at most by 25 years in prison. Attempted burglary in the first and second degree are considered Class “C” and Class “D” felonies, respectively.
If you or a loved one have been arrested or charged in court with burglary in Cedar Rapids, Iowa City, or other Iowa community, contact us for a free initial consultation.