Des Moines, Iowa Misdemeanor Defense Attorneys
Iowa classifies crimes in only two ways. A criminal charge in Iowa either represents a felony or a misdemeanor. Felony charges are more serious than misdemeanor charges. While misdemeanor charges carry less severe penalties, they can still seriously impact your life. Additionally, misdemeanors sometimes become felonies by "enhancements." For example, while first offense drug possession is usually a misdemeanor charge, third offense drug possession can be a felony.
On July 15, 2020, the penalties changed for Iowa misdemeanors. Fines are higher and surcharges are lower than before. If you are convicted of or plead guilty to a crime that happened before July 15, 2020, you will pay the "old" fine and surcharge amounts *unless* the new amounts would be less. Additionally, the legislature changed restitution calculations and added a new provision for misdemeanor expungement.
In need of a misdemeanor expungement? Contact us today at (515) 200-2787 for a free consultation and take the first step toward clearing your record.
Types of Misdemeanors
There are three types of misdemeanor charges in Iowa. Iowa misdemeanor charges are "simple," "serious," or "aggravated." Sometimes, criminal statutes specify punishments. For offenses without specified punishments, the penalties are as follows:
- Simple Misdemeanors
A simple misdemeanor is the least severe type of offense in Iowa. The minimum fine for an Iowa simple misdemeanor is $105. The maximum fine is $855. Additionally, the judge can sentence you to up to 30 days in jail. (Iowa Code Section 903.1)
Examples of simple misdemeanors include third-degree harassment, simple assault, and domestic abuse assault. - Serious Misdemeanors
Fines for Iowa serious misdemeanors range from $430-$2,560. You could spend up to 365 days in jail. (Iowa Code Section 903.1)
Many first DUI offenses, drug crimes, and assaults are Iowa serious misdemeanors. - Aggravated Misdemeanors
Iowa aggravated misdemeanor fines cost between $855 and $8,540. Additionally, you could be sentenced to either a determinate sentence of up to 365 days in jail or a two year prison sentence.
A second DUI may be an aggravated misdemeanor. Subsequent OWIs may be felonies.
Des Moines Misdemeanors Consequences
- Jail Costs
Iowa jail stays aren't free. The state of Iowa wants you to pay for administrative procedures, booking, room and board, and medical care you receive. (Iowa Code Section 356.7).
(The inmate handbook for Polk County Jail ("PCJ") is available online here.) - Surcharges
All misdemeanor fines are subject to surcharges. In July of 2020, the "criminal penalty surcharge" was renamed the "crime services surcharge." Instead of 35%, it is now only 15%. (Iowa Code § 911.1.)
Instead of paying criminal fines, defendants who receive deferred judgments pay "civil penalties." There is no crime services surcharge for civil penalties. However, if your deferred judgment is revoked, your penalty will be converted to a fine. In that case, you would be expected to pay the surcharge. - Restitution
There are three categories of restitution that you may end up required to pay: victim restitution, category A restitution, and category B restitution. If you plead guilty or are convicted, you will have to pay victim restitution and category A restitution regardless of your financial status. Category B restitution requires an ability to pay analysis.
Misdemeanor Expungement in Iowa
What is Misdemeanor Expungement?
Expungement is a legal process that allows individuals to clear certain criminal convictions from their record. When a misdemeanor is expunged, it is removed from the public record, as though it never happened. This can be extremely beneficial for individuals looking to move forward without the weight of a criminal conviction affecting their life.
Eligibility for Expungement
Not all misdemeanor convictions are eligible for expungement under Iowa law. Generally, the following criteria must be met:
- Type of Misdemeanor: Certain offenses, such as simple misdemeanors, may be eligible, but more serious crimes (like aggravated misdemeanors or certain drug-related offenses) may not be.
- Time Passed: You must wait a certain period after completing your sentence or probation before applying for expungement. Typically, you must wait at least 8 years from the completion of your sentence for simple misdemeanors.
- No Subsequent Convictions: If you have been convicted of another crime after the misdemeanor, you may not be eligible for expungement.
The Expungement Process
Here is a general step-by-step guide to the expungement process in Iowa:
- Check Eligibility: Before applying, ensure that your conviction qualifies for expungement.
- File a Petition: You must file a petition for expungement with the district court. This will include details about your case and the reason you believe expungement is appropriate.
- Court Hearing: A hearing will be scheduled, where a judge will review your petition and determine whether to grant the expungement.
- Decision: If the judge approves your request, your conviction will be expunged from your record.
How Expungement Affects Employment and Other Aspects of Life
Expunging a misdemeanor conviction can significantly improve your life in several ways:
- Employment Opportunities: Many employers conduct background checks, and having a criminal record can prevent you from getting hired. Expungement allows you to legally answer “no” when asked if you’ve been convicted of a crime.
- Housing: Landlords often check criminal records, and a conviction may affect your chances of securing housing. Expungement can remove this barrier.
- Travel and Licensing: A criminal record can limit your ability to travel abroad or obtain certain professional licenses. Expungement clears these obstacles, making it easier to pursue opportunities.
The Importance of Legal Representation for Misdemeanor Charges
Why Hire a Misdemeanor Defense Lawyer?
Hiring an experienced misdemeanor defense lawyer is crucial for protecting your rights and minimizing the consequences of a misdemeanor conviction. A lawyer can help:
- Reduce Penalties: They can negotiate for lesser charges or reduced penalties, helping you avoid severe consequences like jail time.
- Protect Your Record: A lawyer can work to have your case dismissed, ensuring that it doesn’t negatively affect your future.
- Understand Legal Nuances: Misdemeanor laws can be complex, and an attorney will ensure you fully understand the legal process.
Role of a Misdemeanor Defense Lawyer in Your Case
Your attorney plays a vital role in every stage of your misdemeanor case, including:
- Investigation: Your lawyer will investigate the details of your case to find evidence or reasons that may support your defense.
- Negotiation: Lawyers often negotiate with prosecutors to reduce charges or obtain more favorable plea deals.
- Court Defense: If your case goes to trial, your attorney will represent you, presenting evidence and defending your case before the judge.
Impact of Misdemeanors on Your Criminal Record
Long-Term Consequences
Even though misdemeanors are less severe than felonies, they can still have lasting consequences, including:
- Background Checks: Misdemeanor convictions appear on background checks, potentially making it harder to find employment or housing.
- Travel Restrictions: Some countries or situations may restrict entry for individuals with criminal records, even for minor offenses.
- Increased Scrutiny: A criminal record can make you more vulnerable to increased scrutiny in any future legal situations.
How Misdemeanors Can Lead to Future Charges
If you accumulate multiple misdemeanor convictions over time, it could lead to felony charges. For instance:
- Escalating Penalties: Repeated offenses, especially for similar crimes, may increase penalties, and what was once a simple misdemeanor may become a felony charge.
- Habitual Offender Status: Some states impose harsher penalties on habitual offenders, which could escalate a misdemeanor to a felony charge after several convictions.
Understanding the long-term effects of misdemeanor convictions and how they can impact your future is essential. Seeking legal help early on can minimize the damage to your life and record.
Frequently Asked Questions (FAQ) About Misdemeanors in Iowa
Can I expunge a misdemeanor conviction from my record if I was not convicted in court?
- Yes, if your case was dismissed, or you were acquitted, you may still be able to clear the record of the arrest. However, this does not apply to situations where you were found guilty of a misdemeanor.
How long do I have to wait before applying for expungement?
- In Iowa, the waiting period for expungement of a simple misdemeanor is generally 8 years after the completion of your sentence. This includes probation, parole, or any other legal requirements related to your case. Serious or aggravated misdemeanors may have different timelines.
Will expungement completely remove all evidence of the misdemeanor?
- Expungement will remove your misdemeanor conviction from public record, so employers, landlords, and others conducting background checks will not see it. However, certain government agencies and law enforcement may still retain access to your record.
If I get a misdemeanor expunged, can I legally deny that I was convicted?
- Yes. Once a misdemeanor is expunged, you can legally answer “no” to questions on applications asking if you have been convicted of a crime. However, keep in mind that certain legal authorities, like law enforcement, may still access the record.
Can I apply for expungement if I have not completed my probation or sentence?
- Generally, you must complete all terms of your sentence, including probation, fines, and any other court-ordered conditions, before applying for expungement. If you have not completed these terms, you will need to wait until all requirements are fulfilled.
How can I check if my misdemeanor is eligible for expungement?
- To check if your misdemeanor conviction is eligible for expungement, consult with an attorney who specializes in criminal defense or expungement cases. They can evaluate your case and provide guidance on the eligibility requirements specific to your conviction.
Will hiring a lawyer improve my chances of expunging my misdemeanor conviction?
- While it is not required to have a lawyer, hiring an attorney can improve your chances of successfully expunging your record. They will handle the filing process, ensure all legal requirements are met, and represent you at hearings if needed.
Facing misdemeanor charges? Contact us now at (515) 200-2787 to discuss your case with an experienced attorney and explore your legal options.
