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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.

What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

By Robert Stahle • July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.