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Understanding Burglary Charges in Iowa and Nebraska 

Robert Stahle • July 11, 2019
A statue of justice , a gavel , scales of justice and books on a wooden table.

It’s estimated that a burglary occurs approximately every 18 seconds in the United States. Many people hear the word “burglary” and automatically associate it with theft, but this isn’t always the case. A person can face burglary charges even when there’s no element of theft present. If you’re facing the possibility of burglary charges, or know someone who is, here’s what you need to know about the laws in Iowa and Nebraska.


Burglary Laws in Iowa

Iowa Code section 713.1 defines the crime of burglary in the state. According to the Code, burglary is the act of any person who enters an occupied structure with the intent to commit a felony, assault or theft within the structure. To be considered burglary, the structure must not be open to the public and the person who attempts to enter should not have the right, license or privilege to be present on the property.

A major defining element of burglary charges is intent. We tend to associate burglary with theft but in actuality, theft is not an identifying component of burglary charges. In Iowa, burglary charges can be applied in different ways depending on the type and severity of the crime.


First Degree Burglary Charges in Iowa

A first-degree burglary charges is considered a class B felony in Iowa is punishable by a maximum 25-year term in prison. A first-degree burglary charge can apply if any of the following circumstances are present:


  • The person who unlawfully entered the property is in possession of a dangerous weapon
  • The person who unlawfully entered the property is in possession of an explosive or combustible device
  • The person who unlawfully entered the property intentionally or recklessly causes bodily harm to another individual
  • The Person who unlawfully entered the property participates in a crime that can be considered sexual abuse

If the circumstances involved in the burglary are less severe, charges of second- or third-degree burglary may apply. A second-degree burglary charge in Iowa is punishable by up to 10 years in prison, while a third-degree burglary charge is punishable with up to 5 years of incarceration.


Burglary Laws in Nebraska

In Nebraska, burglary is defined under State Statute 28-507 . The law states that a person commits burglary if they willfully, forcibly and maliciously enter into any property with the intent to either steal property with an associated value or commit to another felony.

As with the burglary laws in Iowa, intent is crucial in establishing burglary in Nebraska. A person does not need to actually steal property to be charged with burglary, but it is necessary to prove that the intent was there. In Nebraska, burglary can be charged as either a class II or class III felony depending on the circumstances of the case. A class II felony in Nebraska is punishable by up to 50 years in prison, while a class III felony is punishable by up to 4 years in prison.


Avoiding a Burglary Conviction

If you’re facing burglary charges, your best chance of avoiding a conviction is to reach out to an experienced criminal defense attorney in the Siouxland areas. Fitch & Stahle Law Office is here to help you fight the charges and maintain your freedom. Contact us today for consultation.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

Know Your Rights:

By Robert Stahle • August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.