Auto Theft Defense in Des Moines

How Iowa Classifies Vehicle Theft & Unauthorized Use

The prosecution must prove every element of the charged offense beyond a reasonable doubt. Depending on its theory, that may include possession or control, ownership, consent, intent, knowledge, and the accused person’s identity.

Important distinctions under Iowa law include:

• Theft of a motor vehicle: Under Iowa Code section 714.2, theft of a motor vehicle valued at no more than $10,000 is second-degree theft, a class D felony.
• Property valued above $10,000: Theft involving property exceeding this amount is first-degree theft, a class C felony.
• Operating without consent: Iowa Code section 714.7 classifies taking possession or control of a vehicle without consent, but without intent to permanently deprive the owner, as an aggravated misdemeanor.
• Lesser included offense: Operating a vehicle without the owner’s consent may be proved as a lesser included offense on a theft charge. It is a related charge with fewer or less serious elements than the greater offense.

Potential exposure depends on the filed charge, the vehicle’s value, the alleged intent, prior convictions, and other case-specific circumstances. A conviction may result in incarceration, fines, and restitution. It can also affect employment, housing, professional licensing, finances, or immigration status for some noncitizens.

Evidence in a Des Moines Vehicle Theft Case

Ownership and permission aren’t always straightforward. A case may involve shared use, disputed ownership, an unreturned rental or borrowed car, a belief that the vehicle was abandoned, or possession of a vehicle allegedly known to be stolen. We compare the accusation with the available records rather than assuming the charge accurately describes what happened.

Relevant evidence may include:

• Texts, call records, emails, or social media messages discussing permission
• Registration, title, rental, purchase, or insurance documents
• Surveillance video, location information, license plate records, or other digital evidence
• Witness identifications and statements about who possessed or operated the vehicle
• Searches of the vehicle, a phone, a residence, or personal property
• Police reports and inconsistencies in the prosecution’s timeline

Don’t delete messages, alter records, or discuss the allegations publicly. The vehicle’s recovery doesn’t automatically end the criminal case. Preserve relevant communications and provide them to counsel for review.

Building a Defense Around the Facts & the Charge

Defense issues may include permission to use the vehicle, authority to possess it, lack of intent to permanently deprive the owner, mistaken identity, or lack of knowledge that it was stolen. Unreliable identification, conflicting witness accounts, and gaps in the alleged timeline may also warrant investigation.

We examine how police obtained evidence and whether searches, seizures, and interrogations complied with constitutional requirements. When supported by the facts and law, we can file a suppression motion asking the court to exclude unlawfully obtained evidence. We also assess negotiated resolutions and prepare for trial when that approach serves the client’s interests.