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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 September 5, 2025
Why You Need a Personal Injury Lawyer
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.