In Iowa, any public offense that is not a felony is classified as a misdemeanor. Misdemeanors are categorized as Simple, Serious, and Aggravated. If an act is declared to be a public offense, crime or misdemeanor, but no other designation is given, the act is deemed a simple misdemeanor.
Misdemeanor Classifications
- Simple - A simple misdemeanor conviction carries a sentence of up to 30 days in county jail and a fine between $65 and $625. Types of simple misdemeanors include possession of drug paraphenalia, public intoxication, shoplifting, simple assault, and trespassing.
- Serious - A serious misdemeanor conviction includes up to a year in county jail as well as a fine between $315 and $1,875. Types of charges include assault that results in bodily injury, driving while intoxicated, hazing that results in bodily injury, indecent exposure and providing alcohol to minors.
- Aggravated - An aggravated misdemeanor conviction is punishable by either two years imprisonment or up to a year in jail along with a fine between $625 and $6,250. Subsequent offenses increase possible fines and length of imprisonment. Types of charges include distribution and possession of controlled substances (other than marijuana), driving while intoxicated (second offense), first degree harassment and stalking (first offense).
Prior Convictions
Under Iowa statute, a prior conviction includes a plea of guilty, a deferred judgment, a deferred or suspended sentence, or adjudication of delinquency, regardless of whether a prior conviction occurred before, on, or after March 31, 2000.
In Iowa a prior conviction of public intoxication is the only misdemeanor that can be expunged from the record. In this case, a minimum of two years must have passed before the accused can petition to begin the expungement process. During the waiting process, the petitioner must not have committed any other crimes, excluding simple traffic offenses.
Prior conviction can prevent deferments in some cases. For example, under Iowa statutes, possession of a controlled substance can be deferred if there are no prior felony conviction or prior conviction for possession. In other cases, a prior conviction can raise the classification which enhance penalties. For instance a prior conviction for stalking in Iowa raises the classification from an aggravated misdemeanor to a Class D Felony.
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In Iowa, a prior conviction can enhance the penalties for a subsequent similar offense. An enhancement can make an aggravated misdemeanor a felony. Additionally, prior convictions generally are not expungeable unless the prior conviction was for public intoxication and a minimum of two years must have passed before that crime can be expunged. If you face a misdemeanor charge in Iowa, talk with a lawyer to determine how a prior conviction may affect your current charge.
