Burglary One Charge Can Change Everything. So Can One Firm.

What Iowa Law Defines as Burglary

Under Iowa Code Chapter 713, burglary means entering or remaining in an occupied structure without authorization and with intent to commit a felony, assault, or theft once inside. Both elements must be present: unlawful entry and criminal intent.

The term “occupied structure” covers more ground than most people expect. It includes buildings, vehicles, and any place adapted for overnight accommodation or for carrying on business, whether or not anyone is actually present at the time of entry.

That last point matters for understanding how burglary differs from trespassing. A person can be charged with burglary even when nothing is taken and no one is home. The offense turns on what the person intended when they entered, not on whether a theft was completed. Trespassing, by contrast, doesn’t require proof of intent to commit a further crime inside.

Iowa’s Three Degrees of Burglary

Iowa prosecutes burglary as a felony charge in most cases. The specific charge depends on who was present, what the defendant carried, and what happened inside the structure.

First-Degree Burglary

The most serious charge, first-degree burglary is a Class B felony carrying up to 25 years in prison. It applies when a person commits burglary in an occupied structure where people are present and also possesses an explosive or dangerous weapon, causes bodily injury, or commits certain acts of sexual abuse.

Second-Degree Burglary

A Class C felony, second-degree burglary covers situations involving a weapon in an unoccupied structure or an occupied-structure burglary with people present but without a weapon or resulting injury. Penalties can reach 10 years.

Third-Degree Burglary

Any burglary that doesn’t meet first- or second-degree criteria is a Class D felony, punishable by up to five years. One exception: burglary of an unoccupied motor vehicle, truck, or vessel is treated as an aggravated misdemeanor for a first offense rather than a felony.

Burglar’s Tools Offense:
Iowa law also makes it an aggravated misdemeanor to possess a key, tool, instrument, or device with intent to use it to commit a burglary, even before any unlawful entry occurs.

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Burglary Attorney in Des Moines

Felony Defense for Burglary Charges in Central Iowa Since 1988

In Iowa, burglary is a felony charge at every degree. That matters from day one: a conviction carries prison time, a permanent criminal record, and consequences that follow a person into employment, housing, and beyond. McEnroe, Steinbach, Rothman & Kendell P.C. has provided criminal defense representation in Des Moines and throughout Central Iowa since 1988, and our attorneys have handled cases before the Iowa Supreme Court.

Burglary cases in Des Moines are prosecuted through the Polk County Courthouse. Getting legal help early gives our team time to examine the evidence, challenge the charge before it advances, and build a defense on the strongest available ground.

If you or someone you know is facing a burglary charge, don’t wait. Call (515) 516-3745 to schedule a free consultation with our criminal defense attorneys.

Why Des Moines Clients Come to Us for Burglary Defense

Decades of criminal defense work mean our attorneys have seen how Iowa prosecutors approach these cases. That experience is especially relevant to burglary because the charges are fact-intensive: the degree of the offense, the evidence of intent, and the classification of the structure all affect where a case goes and what outcomes are possible.

We offer affordable representation for clients facing a first offense and work with clients on flexible payment arrangements, including credit cards. Our attorneys also speak French and Chinese, so we can serve clients who aren’t comfortable navigating the criminal justice system in English.

Talk to a Burglary Lawyer in Des Moines

Free consultations are available in person or virtually. Our after-hours intake answering service means you can reach us outside standard business hours, because an arrest rarely happens at a convenient time.

Contact McEnroe, Steinbach, Rothman & Kendell P.C. at (515) 516-3745 to speak with a burglary lawyer about your situation. We’re here when you need us.

How We Defend Against Burglary Charges

Burglary charges can be challenged on several fronts, and the right defense depends on the specific facts of the case. Our attorneys examine every element the prosecution must prove and look for weaknesses before the case advances.

Intent

Because burglary requires proof of criminal intent at the moment of entry, we challenge whether prosecutors can actually establish what our client meant to do. Where the facts support it, we argue mistake, misunderstanding, or the absence of any intent to commit a crime inside.

Authorization to Enter

The offense requires that entry was unauthorized. If our client had permission to be present or a legal right to enter the structure, the charge may not hold. We examine the relationship between the parties and any evidence bearing on consent.

Occupied Structure Classification

Not every building qualifies as an occupied structure under Iowa law. An abandoned or clearly vacant property may not meet the statutory definition. Challenging how the structure is classified can affect the degree of the charge or whether a burglary charge stands at all.

Identification Evidence

Many burglary prosecutions rely heavily on eyewitness accounts or surveillance footage. We scrutinize that evidence carefully. Eyewitness identification is among the most frequently challenged categories of evidence in criminal cases, and low-quality surveillance footage often raises more questions than it answers.

Unlawful Search & Suppression

When law enforcement violates constitutional rights during a search, investigation, or arrest, we work to have the resulting evidence suppressed. Evidence gathered without a valid warrant or proper legal authority may be excluded, which can fundamentally change the strength of the prosecution’s case.

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