Burglary Defense Attorney in Des Moines

Attorney Ben Feld Brings an Investigator’s Eye to Every Burglary Defense

A burglary charge in Iowa moves fast. From the moment of arrest, prosecutors begin building a case around two elements that are often more contested than they appear: whether entry was truly unlawful and whether criminal intent existed at the moment of entry. At Feld Law Firm, we handle burglary defense across Des Moines and Polk County with an approach shaped by Attorney Ben Feld’s prior career as a private investigator. That background means we don’t just review what the prosecution presents. We independently examine how evidence was gathered, whether it was gathered lawfully, and where the prosecution’s version of events break down.

Iowa prosecutors pursue burglary aggressively because the charge involves entering someone else’s property to commit a crime. A conviction can mean years in prison, substantial fines, probation, mandatory programming, and a felony record that follows you into every job application and housing inquiry you make afterward. Hiring a Des Moines burglary attorney early gives the defense more time to investigate before the prosecution’s case hardens. We’ve handled hundreds of criminal cases and achieved penalty reductions in felony burglary matters. Free consultations are available, and we offer Spanish-language support throughout the legal process.

Contact us online or call (515) 996-4441 to get started with a free consultation.

Iowa Burglary Laws

Burglary is generally defined as unlawfully entering an occupied structure without permission and with the intent to commit a felony, theft, or assault inside. Iowa divides burglary into three degrees based on the circumstances. If you were invited into the structure or had permission to be there, you can’t be convicted of burglary in Iowa. The intent element is evaluated at the moment of entry, not based on what happens afterward.

For example, suppose you break into someone’s house intending to use their phone to call 911 because of a fire next door, but once inside you take money from the table. Iowa would not be able to prove criminal intent at the time of entry, so a burglary conviction wouldn’t hold. You could be charged with trespass, a misdemeanor, but not burglary. It’s also worth noting that the structure must be an occupied structure, meaning one that is actively used. Entering an old abandoned building is unlikely to satisfy that requirement.

Degrees of Burglary in Iowa

There are three degrees of burglary under Iowa Code Chapter 713, categorized by severity and the specific circumstances of the offense.

Burglary in the first degree requires entering an occupied structure while others are present and:

• Carrying an explosive or incendiary device or material
• Having possession of a dangerous weapon
• Intentionally or recklessly inflicting bodily injury on any person
• Participating in a sex act with any person that would constitute sexual abuse

Burglary in the first degree is a class B felony punishable by up to 25 years in prison. It is a forcible felony, which means a person convicted of first-degree burglary isn’t eligible for a deferred judgment. If a dangerous weapon was involved, Iowa Code section 902.7 may impose a separate mandatory minimum. Attempting any of the above is a class C felony.

Burglary in the second degree occurs when:

• No one is present in the structure and the person entering is in possession of an explosive or incendiary device or material, or a dangerous weapon, or bodily injury results to any person.
• At least one person is present and the perpetrator does not have an explosive or incendiary device or material, a dangerous weapon, and no bodily injury occurs.

Second-degree burglary is a class C felony punishable by up to 10 years and a fine of not more than $13,660, plus a 15% surcharge. Attempted second-degree burglary is a class D felony, carrying up to five years in prison.

All other burglary not classified as first or second degree is burglary in the third degree. Third-degree burglary is a class D felony, except in the case of burglary of an unoccupied motor vehicle or vessel on a first offense, which is an aggravated misdemeanor. A class D felony carries up to five years in prison and a $10,245 fine, plus the 15% surcharge. The aggravated misdemeanor carries up to two years in prison and a fine of up to $8,540, plus the 15% surcharge.

A person in possession of burglar’s tools with the intent to use them in a burglary is also guilty of an aggravated misdemeanor.

These tools include but are not limited to:

• Keys
• Tools
• Instruments
• Crowbars
• Devices
• Explosives

Common Defenses Against Burglary Charges in Iowa

Burglary charges often look stronger on paper than they hold up under scrutiny. The prosecution must prove both unlawful entry and criminal intent at the moment of entry, and both elements are genuinely contestable depending on the facts. As a former private investigator, Attorney Ben Feld conducts an independent review of the circumstances before accepting the prosecution’s account. The defense strategy we build depends on what that review turns up.

Lack of Criminal Intent

If the prosecution can’t establish that a person intended to commit a felony, theft, or assault at the time of entry, the burglary charge may not hold. Intent is evaluated at the moment of entry, not based on what occurred afterward. This is one of the most frequently contested elements in a burglary case and one of the strongest available defenses.

Consent or Permission to Enter

A person who was invited in or had a lawful reason to be present can’t be convicted of burglary in Iowa. When consent is at issue, we examine texts, prior communications, the relationship between the parties, and any witness accounts that support a lawful entry claim.

Mistaken Identity

When the prosecution’s identification evidence is thin or when a client can establish they were elsewhere at the time, a mistaken identity defense is worth pursuing. Eyewitness accounts are often imprecise, and surveillance footage has limits. We look for inconsistencies in how the prosecution built its identification case.

Fourth Amendment Suppression

Evidence gathered through an unlawful search or without a valid warrant may be suppressed under the Fourth Amendment. If the prosecution’s key evidence was obtained in violation of constitutional protections, suppression can significantly weaken or eliminate the case against you. Attorney Feld’s investigative background informs how he evaluates whether search-and-seizure procedures were followed properly.

Structure Does Not Qualify as Occupied

Iowa law requires that the structure be an occupied structure, meaning one that is in active use. If the structure doesn’t meet that definition, the burglary charge as filed may not be supportable. This is a technical defense that depends entirely on the specific facts of the situation.

The Full Impact of a Burglary Conviction in Iowa

A felony burglary conviction reaches well beyond the courtroom. A felony record can cost you your current job, limit future employment opportunities, complicate housing applications, and drain your finances. For non-citizens, a burglary conviction can trigger immigration consequences, including the possibility of deportation proceedings.

For certain burglary offenses, Iowa law does allow a deferred judgment. That means the charge can be dismissed from your record upon successful completion of probation, and you can legally state you were never convicted of the crime, which matters when filling out job applications. First-degree burglary, as a forcible felony, isn’t eligible for a deferred judgment, but many second- and third-degree offenses are. Whether deferred judgment is a realistic option depends on the specific charge and the facts of your case.

Talk to a Des Moines Burglary Lawyer Before Your Next Court Date

If you’ve been charged with burglary in Polk County, the decisions you make in the early days of your case matter. We offer free consultations and can walk you through what the charge means, what the prosecution has to prove, and what options may be available to you. Services start at $1,000 for simple misdemeanor matters in Polk County, and we serve clients throughout the surrounding area. Spanish-language support is available.

Contact Feld Law Firm online or reach us directly. Our burglary attorney is available to review your case and help you understand your next steps.

Call Feld Law Firm now at (515) 996-4441.