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Understanding Iowa Burglary Degrees

Robert Stahle • August 15, 2022
Hands opening a window using a wrench

Burglary charges are a serious offense that can have life-altering penalties for both the victim and the criminal. In Iowa, burglary degrees can be defined as entering a building, structure, or property without permission, license, or authorization with the intent to commit theft, felony, or assault.

This also applies to people who stay in structures not open to the public, individuals who stay in a place after it’s shut down from the public, or expiration of licenses that permit them from staying in a property. Penalties for these types of crimes can be hefty and broken down into several categories. Let’s take a deeper dive into Iowa burglary degrees. Read on to learn more.

First-Degree Burglary

First-degree burglary is the most serious type of burglary charge that a person can have. It’s defined as having one or multiple people present in an occupied property or structure, and the following examples apply:


  • The criminal committed sexual acts on the victim.
  • The criminal intentionally injures or recklessly hurts a person.
  • The criminal possesses a dangerous weapon or an explosive device.

This type of burglary can be categorized as a class B felony, which can lock a person up to 25 years in prison. Furthermore, attempted felonies can be classified as a class C felony, which can be a 3-year penalty in jail.

Second-Degree Burglary

Second-degree burglary involves a person entering an occupied building or structure without people present and possessing an explosive device or dangerous weapon that can do serious bodily harm. It can also be someone entering a property with people present while the defendant doesn’t possess a dangerous weapon or explosive, and no injury was caused to a person.

This type of burglary is a class C felony, which can be punishable by up to 10 years in prison. For attempted second-degree burglary, the person would be punished with a class D felony. Get in touch with a burglary defense lawyer if you face these types of charges.

Third-Degree Burglary

Burglary in the third-degree catches all the circumstances that don’t fall into the first- or second-degree. It is considered a class D felony. A person caught doing this act will be charged with misdemeanor charges.

Third-degree can also be charged for people who stole an unoccupied vehicle, vessel, or truck. The first offense for these crimes would be aggravated misdemeanor and class D felony for any following crimes. For attempted burglary, the person will be charged with serious and aggravated misdemeanor for subsequent offenses.

Call a Professional for Help

If you’ve been charged with burglary, seeking the help of a professional should be at the top of your list. If you’re looking for a trusted burglary defense lawyer in Iowa , you should call Fitch & Stahle Law Office. Our lawyers can help you protect your rights, review your case, and more. Contact us today!


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