Understanding Aggravated Misdemeanors in Iowa

Iowa's legislature broadly classifies criminal offenses as either felonies or misdemeanors. Misdemeanors are further divided into three levels based on their seriousness: simple, serious, and aggravated. Aggravated misdemeanors represent the most severe tier of offenses within the misdemeanor category, warranting substantial fines or lengthier imprisonment upon conviction. The penalty for a misdemeanor conviction generally increases in severity according to the level of the offense.

Iowa's naming system for misdemeanors, while different from other jurisdictions, serves the same fundamental purpose: to categorize offenses by increasing seriousness. Consequently, an aggravated misdemeanor in Iowa is roughly comparable to a Class A or highest-level misdemeanor in other jurisdictions.

Examples of Aggravated Misdemeanors in Iowa

Aggravated misdemeanors are prosecuted within the Iowa court system, and the proceedings are documented in the Iowa Criminal Court Records. Such cases arise from a range of individual offenses, which include:

• Operating while intoxicated (OWI), 2nd offense (Iowa Code § 321J.2 (2)(b))
• Theft in the 3rd degree (Iowa Code § 714.2 (3))
• Possession of a controlled substance, 2nd offense (Iowa Code § 124.401 (5)(b))
• Assault with intent to inflict serious injury, 1st offense (Iowa Code § 708.2(3))

The table below outlines these offenses and their corresponding potential penalties.

Penalties for an Aggravated Misdemeanor in Iowa

Iowa Code § 903.1(2) delineates the penalties for an aggravated misdemeanor in Iowa. Under the statute, these penalties include:

• Imprisonment not exceeding two years, which may be served in county jail (if a year or less) or state prison (if above a year)
• A fine ranging from $855 to $8,540, plus mandatory surcharges and fees
• Any other penalties mandated by the offense statute, such as license revocation, minimum incarceration, or sex offender registration (where applicable)

Notably, courts in Iowa impose either indeterminate or determinate sentences on persons convicted of aggravated misdemeanors. Under § 903.1(2), when the incarceration term is more than a year, the term must be indeterminate. This means that no fixed release date will be set, and the convicted individual may serve anywhere up to the maximum term. In such cases, the Iowa Board of Parole, rather than the court, will determine when release may occur, typically based on behavior, risk assessment, eligibility, and other related factors.

A determinate sentence, by contrast, is a fixed period of incarceration, in which the offender must serve the exact number of days, or one year, as specified by the judge.

Probation and Alternative Sentencing Options in Iowa

The sentencing options available to aggravated misdemeanor offenders in Iowa are determined by the state's legislature. Under Iowa law, judges may impose a sentence, or a combination of sentences, on an offender. Determining the fitting sentence requires proper consideration of factors such as the defendant's age, criminal history, likelihood of reform, availability of treatment options, and the nature of the offense. While the standard penalties for aggravated misdemeanors include incarceration and fines, the court may utilize alternative sentencing options when authorized by statute. One common alternative is probation.

Probation (Iowa Code §§ 907.3, 907.7, 908.11)

Probation attaches specific court-ordered terms or conditions on a defendant instead of, or in addition to, a jail or prison term. A defendant placed on probation in Iowa may be supervised by a Community-Based Corrections (CBC) District Department, which monitors their compliance. Alternatively, they may be placed on unsupervised probation, in which the defendants report to the court instead (typically when involving low-level or low-risk offenders).

Common probation conditions include:

• Refraining from contacting certain persons
• Paying victim restitution
• Submitting to random drug or alcohol testing
• Performing unpaid community service work
• Actively participating in a treatment, education, or rehabilitation program
• Pursuing education or maintaining employment
• Avoiding subsequent criminal conduct

Under Iowa Code § 907.7, the maximum probationary period for a misdemeanor is two years. The court may extend probation for up to an additional year or reduce the term when necessary to promote rehabilitation and protect the community.

Under Iowa law, probation may follow:

Can an Aggravated Misdemeanor Be Expunged or Sealed in Iowa?

Yes. An aggravated misdemeanor may be expunged in Iowa, meaning the court's criminal record of a case will be removed from public view. However, it is not available to every defendant charged with a crime.

Adults who received an acquittal or had their charges dismissed may petition an Iowa court for an expungement under § 901C.2, subject to certain conditions:

• All court costs, fees, and financial obligations ordered or assessed by the court have been paid.
• At least 180 days have passed since the acquittal or dismissal, though the court may waive this requirement.
• The dismissal was not based on a finding of insanity.
• The defendant was not deemed incompetent to stand trial.

Those convicted of an aggravated misdemeanor may also seek expungement through the courts, subject to more stringent eligibility criteria, as specified in Iowa Code § 901C.3. Forms and instructions for expunging misdemeanors in Iowa are available on the state judiciary's website.

The table below highlights some general rules for expunging aggravated misdemeanors in Iowa (when the applicant was charged as an adult).

Juvenile adjudications are typically sealed rather than expunged per Iowa Code § 232.150 and related provisions under Chapter 232 (Juvenile Justice).

Long-Term Consequences of an Aggravated Misdemeanor Conviction

Long-term (or collateral) consequences of a conviction refer to those adverse outcomes that are distinct from the punishment the state may impose but persist long after the sentence has been served. These consequences stem from the presence of a conviction on a person's criminal record, which remains broadly accessible to employers, colleagues, licensing agencies, landlords, government entities, and other interested parties unless the conviction is expunged or sealed.

Due to this accessibility, the subject of the record may suffer some setbacks, including:

• Inability to secure certain occupational or professional licenses, especially when involving vulnerable populations
• Loss of or reduced employment or educational opportunities
• Diminished options for suitable housing
• Damage to reputation and the resulting societal stigma

Nonetheless, these collateral consequences are unique to the nature of the offense and the laws of the state in which the conviction occurred.

What to Do if You’re Charged with an Aggravated Misdemeanor in Iowa

As the highest-level misdemeanor in Iowa, an aggravated misdemeanor charge entails serious penalties for anyone charged with the offense, including potential incarceration for up to two years. After receiving formal notification of an aggravated misdemeanor charge—typically by complaint, a criminal summons, citation, or arrest, or later through the prosecutor's trial information—the accused is encouraged to meticulously review the charging documents, including the specific offense, cited statute, and offense classification. At this juncture, securing legal counsel is strongly recommended. A defense attorney may assess the allegations, explain courtroom procedures and deadlines, outline the defendant's rights, identify potential defenses or procedural issues, evaluate possible plea negotiations, illustrate possible long-term effects, and explore post-conviction options, among other crucial tasks.

Defendants should, on their own part, endeavor to attend all scheduled court hearings, as failure to appear may result in a warrant and trigger new or additional charges. They should also comply with all court orders (including no-contact orders and pretrial release conditions), maintain communication with the court or their attorney, and avoid committing new offenses, as all these may count in enhanced sentencing.

Statute of Limitations for Aggravated Misdemeanors in Iowa

Iowa Code § 802.3 caps the limit for filing aggravated misdemeanor charges in Iowa at three years from the commission of the offense. This timeline, otherwise called the statute of limitations, defines the maximum period that the state has to prosecute an alleged offender; once it lapses, charges may no longer be pursued.

However, there are specific periods excluded from Iowa's three-year limitation period.

• The period the defendant is absent from the state (§ 802.6). The statute tolls until their return.
• The period the defendant is a public officer or employee, and the offense arises from misconduct relating to the duties of that office or employment. The period of being in office is not included in the statute of limitations, and charges may be filed after.
• Where DNA evidence identifies a suspect who is not the accused (§ 802.10). The statute tolls until the suspect is identified.
• Where the offense is fraud or a breach of fiduciary duty (§ 802.5). If the general three-year limitation has expired, prosecution may be commenced one year after the aggrieved party discovers the offense. However, the statute cannot extend past five years.