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Why Fourth Degree Burglary Charges Are Still a Serious Crime

Robert Stahle • July 10, 2018
Fourth Degree Burglary Charges - Fitch & Stahle Law Firm

Burglary is defined as the unlawful, forceful entry into a building or structure with the intent to commit a crime. The popularity of forensics and crime related shows have made it so that many people are at least somewhat familiar with burglary crimes, and the fact that they are charged in varying degrees.

The most common types of burglary charges include first degree, second degree and third degree. The higher the degree, the more serious the crime and the potential consequences. While not too common, you may occasionally hear of a fourth degree burglary charge.

While crimes that fall under the umbrella of fourth degree burglary are significantly less serious than the higher degrees, they still carry severe consequences, and unfortunately are often misunderstood.

What Is Fourth Degree Burglary

Not all states have fourth degree burglary laws on their books. Those that do define this level of burglary using one or more of the following elements:


  • Simple breaking and entering, regardless of intent to commit a further crime
  • Intent to commit theft within or while in a building, dwelling or on nearby property of the structure
  • Possession of burglar’s tools with the intent of using them

In Iowa and Nebraska, fourth degree burglary focus on the last item on this list, and is often referred to simply as Possession of Burglar’s Tools.

Possession of Burglar’s Tools

Possession of burglar’s tools is defined as any person who is in possession of any tool, instrument, key, explosive or any device with the intent of using it to commit any degree of burglary. Of all the burglary charges, this one is often the most difficult to prove because it relies so heavily on the element of intent.

For example, if someone comes home to find their neighbor in their backyard with any of the described burglar’s tool, that person may be charged with a crime. The evidence lies in proving if the person was in this position with the intent to commit a crime, or if there was another explanation that could reasonably explain the situation.

While a wandering neighbor may be able to claim they were looking for a lost dog, even if they were carrying burglar’s tools, some cases are much more obvious. For example, being in possession of a stolen access key to a dwelling while on the property.

What Are Burglar’s Tools

There are a wide variety of tools, devices and implements that can be considered a tool of burglary. These include, but are not limited to:


  • Lock picks
  • Lock decoding device
  • Crowbar or another prying device
  • Hammers, pliers, screwdrivers and other hand tools
  • Heavy duty tools such as torches
  • Ropes or other climbing material
  • Explosives
  • Masks, gloves or other clothing used to hide identity

When looking at this list, the first thing that stands out is that many of these are common household items, so possession itself is not a crime. Whether or not they are considered tools of burglary is dependent on proving the intent to use them in a crime.

Penalties of Fourth Degree Burglary

Possession of burglar’s tools is a serious crime. In Iowa it is charged as an aggravated misdemeanor, while Nebraska considers it a class IV felony. If you’re facing charges, you need a skilled legal defense team to fight your case. Contact Fitch & Stahle Law Offices today and schedule a free consultation.

By Robert Stahle June 18, 2025
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.
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