Legal Question in Criminal Law in Iowa
worst punishment on a first offense of theft
I was wondering what might be the worst punishment my husband my get on a first offense theft charge of more than $100 but less than $500. He wants to know if he has a chance to still be able to support his wife and three kids with out going to jail. Thank you for your time and help
1 Answer from Attorneys
Re: worst punishment on a first offense of theft
Theft such as you have described is classed as a serious misdemeanor. The maximum penalty that can be assessed is a fine of at least $250 and not more than $1,500 and less than 1 year in jail. In addition there is a statutory surcharge of 30 per cent on all criminal fines in Iowa which means that the amount paid ranges from $325 to $1,950 plus court costs.
To answer your question, the maximum penalty could be a fine plus surcharge of $1,950 and imprisonment for less than one year.
Having said that, it would be unlikely that a first offender with no criminal history would suffer this level of punishment, and jail time under such conditions is unusual.
In addition, he may be eligible for a deferred judgment if he successfully complies with all requirements the court may impose. In such a case limitations are placed on access to this criminal information.
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