Des Moines Criminal Defense Attorneys

In this video, our Polk County criminal defense attorneys explain how in the state of Iowa, there are several types of protective orders. The determination of which type of protective order you need is dependent on the events prior to the filing of the order, as well as the restrictions you would like to establish moving forward and severity of crimes committed. The aggrieved party can file for a criminal no-contact, civil no-contact, or civil protective order, depending on the circumstances of the case. A protective order by consent can also be established when deemed in best interest of both parties or children, even in cases of domestic abuse or accompanying Dissolution of Marriage Decree.

In this article, our Polk County criminal defense attorneys explain Aggravated Operating While Intoxicated (OWI) in Iowa. Operating While Intoxicated (OWI), is the same as a DUI or DWI in other states, just different terminology. An individual commits the offense of operating while intoxicated if he or she operates a motor vehicle while under the influence of alcohol or other drug or a combination of the two. As in all other states, it is illegal to have a blood alcohol content (BAC) of 0.08% or higher while driving, or having a controlled substance in the blood as tested through blood, urine, or breathalyzer. An aggravated OWI involves certain aggravating factors that elevate the charge from a serious misdemeanor to an aggravated misdemeanor or felony misdemeanor. The first OWI in Iowa is classified as a serious misdemeanor, punishable by a minimum of 48 hours jail time, but not more than one year, and a fine of $1,250. The court may reduce the fine if there was no property or personal injury damage associated with the first OWI offense. The individual’s license may also be revoked for a minimum of 180 days, but no more than one year on the first offense with no aggravating elements.

In this video, our Polk County criminal defense lawyers the elements of burglary in Iowa. In Iowa, burglary is:

• Any person, having an intent to commit a felony, assault or theft therein;
• Who, having no right, license, or privilege to do so,
• Enters an occupied structure

• Such occupied structure not being open to the public; OR who remains therein after it is closed to the public or after the person’s right, license or privilege has expired;
• Or any person having such intent who breaks an occupied structure
• Commits burglary.  

Also, the Court will consider the intent factor at the time of entering the structure. Many cases hinge on the government being able to prove this intent. If a defendant could prove that they did not break into the home with the intent to commit a felony, the defendant would not be found guilty of burglary. Courts infer intent from the surrounding circumstances.