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Criminal penalties for an OWI in Iowa

When motorists in Iowa and elsewhere are about to get pulled over by law enforcement, it can be a nerve-wrecking situation. No one wants to be told they did something wrong, and they of course do not want to deal with the fines attached with a traffic violation. Nonetheless, motorists across the nation get pulled over for a wide variety of reasons. And for some motorists, they are being accused of something much bigger than speeding.

Being accused of drunk driving is a serious situation. It is a matter that could carry with it harsh penalties, especially if certain factors are considered aggravating. This could include circumstances such as it not being the driver's first OWI, the driver was involved in an accident, he or she was over twice the legal limit or a child was in the vehicle at the time.

What are the penalties for felony drug charges in Iowa?

Being accused of a crime is never any easy predicament to be in. This is especially true when the accused is facing a felony charge. With regards to drug crimes, the penalties associated with a drug charge could be severe, as a felony charge likely involves large quantitates of an illegal substance or an act that is severe itself.

What are the penalties for felony drug charges in Iowa? In order to face a class B felony for drug possession in the state of Iowa, which results in a penalty of not more than 50 years in prison and a fine not greater than $1,00,000, one must possess a certain amount of each drug type. This includes more than 10 grams of LSD, more than 50 grams of crack cocaine, more than 500 grams of cocaine, greater than 100 grams of PCP pure, more than 1 kilogram of PCP mixed, more than 1 kilogram of heroin, greater than 1,000 kilograms of marijuana and more than 5 kilo grams of methamphetamine amphetamine.

Helping you assert a defense against drug charges

There are certain Iowa criminal charges that can cause the accused to suffer serious consequences even when the matter seems minor. For example, the possession of a controlled substance could warrant harsh penalties depending on the type, quantity and criminal history of the accused. In other words, a minor possession charge could carry with it a significant criminal penalty if the defendant has several drug convictions on their record. Thus, it is always important to treat every drug charge seriously, even if it appears to be minor.

At J. Dean Keegan, Eric D. Tindal, & Andrea Mason, Attorneys at Law, our experienced attorneys understand the ins and outs of drug charges. We know that these charges can typically stem from traffic stops and other situations that can lead to the search of a person, vehicle or residence. Therefore, we are always prepared to look at the details of this search, noting whether it was legal executed or not.

Proving self-defense

Iowans get in uncomfortable situations from time to time. But, not everyone finds him or herself in situations that threaten their safety and wellbeing. When an individual believes that his or her safety is compromised, he or she may take steps to ensure their safety. This might mean defending themselves through physical conduct. These matters are not always clear as self-defense is not always available in every situation a person feels threatened. Even if an individual believes they properly executed self-defense, this could still result in criminal charges.

Self-defense is an accepted principle that essentially explains when a person can protect themselves from harm under the appropriate circumstances. This means that a person could be excused from behavior that would usually be deemed criminal if it was executed to protect him or herself from imminent physical harm. Though, one must prove that self-defense was, in fact, appropriate under the circumstances.

What is second-degree murder?

There are few more serious crimes than murder; therefore, being accused of this crime is a serious one. And a serious criminal allegation should be treated as such because the penalties that could behold the accused could impact them for years to come. Take for example second-degree murder. While it may not be the most severe murder charge, the criminal consequences attached to this crime could impact the accused for a lifetime.

What is second-degree murder? Unlike first-degree murder, second-degree murder is not premeditated. It is an intentional killing that is not planned or committed in a reasonable "heat of passion." It is also the killing by a dangerous conduct that is obviously lacking the concern for human life. In some cases, second-degree murder is in between first-degree murder and voluntary manslaughter charges.

Man charged with felony theft

Being arrested is a serious situation, not matter the allegations. Whether it is a person's first criminal charge or not, this is a serious situation that should be treated as such. The emotions and concerns surrounding the matter can be overwhelming, causing some to not take immediate or proactive measures; however, no matter the charges or the evidence used against the accused, it is possible to initiate a criminal defense action.

According to recent reports, a man from Mason City was charged with felony theft. Preliminary reports indicate that the 22-year-old male was accused of possessing stolen property prior to transferring that property to a friend. Authorities reported that this friend then attempted to pawn the property.

Felonies and risk of deportation for immigrants

For foreign nationals entering the U.S., they have many hopes and dreams. For many, they aspire to remain in the country, either as a permanent resident or obtain citizenship. No matter their plans to be in America, immigrants must comply with the requirements surrounding his or her status. Thus, if an immigrant fails to uphold these, by committing a criminal act, he or she could be at risk for deportation.

When an immigrant is in the U.S. on a green card or a visa, the last thing he or she wants to do is commit a felony. When an immigrant faces a felony charge, there is a greater chance that immigration officials could deport or downgrade his or her status. Even more so, a non-felony charge could have significant impact and can depend on the current status of the accused.

What is an illegal search and seizure?

When law enforcement suspects that a crime is being committed, evidence is needed to prove such suspicions. In some cases, these might be observations; however, in most cases, a search will need to be conducted to prove one or more elements of a crime. When a search is conducted, though, there are standards are rules that need to be followed.

What is an illegal search and seizure? To begin, it is important to understand when an investigation can turn into a search. First, one must ask whether the person whose home or property are being investigated or searched expect a certain degree of privacy. Next, one must act if this expectation of privacy is reasonable. If the answers to these two questions are yes, then a search is being conducted. If an investigation has impinged or intruded a person's legitimate expectation of privacy, then a search is being conducted.

Helping you develop a strong criminal defense

It is a difficult situation to be in, being accused of a serious criminal allegation. It is overwhelming and emotional for the accused, casing them to be unsure how to move forward. While it may seem like the state has piled up evidence against you, the reality is that not all of this evidence will stick. It is possible to poke holes in the case, helping the accused clear their name.

Initiating a criminal defense can be challenging, but it is a vital step to take. By understanding the process better, defendants are able to take the necessary steps. At J Dean Keegan, Thomas D.S. Farnsworth & Eric D. Tindal, Attorneys at law, our law firm takes the time to ensure our clients fully understand their matter and are aware of their defense options.

OWI penalties in Iowa

Like every other state, Iowa has tough laws against drunk driving. In fact, when drivers are accused of operating while intoxicated, or an "OWI," they could endure harsh penalties. These penalties increase if the motorists have past OWI convictions on their record. Because of this, it is vital to understand the repercussions of an OWI conviction and what defense options are available to potentially reduce or dismiss their charges.

In Iowa, those convicted of their first OWI will likely be required to serve at least 48 hours in jail and could face a fine up to $1,500. It is possible, however, that the judge could reduce this in half if there was no bodily injury or property damage in the matter. But, if a motorist is convicted of a second offense, the penalties are more severe. A second OWI could result in seven days to two years in prison, depending on the details of the offense.

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IOWA Association for justice IOWA state bar association NACDL 1958 national association of criminal defense lawyers american association for justice board certified specialist DUI defense law the iowa state bar association

faq

Should I take a breath test?
The most common question asked of criminal defense lawyers who work on Operating While Intoxicated (OWI) or Driving While...

Can I get a work permit or temporary restricted license in Iowa after losing my driving privileges for an OWI?
For a first offense, yes. The revocation is this instance is 180 days for an OWI test failure and one year for an OWI test refusal...

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J. Dean Keegan, Eric D. Tindal & Andrea Mason Attorneys At Law
425 2nd Street South East, Suite 1250
Cedar Rapids, IA 52406

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J. Dean Keegan, Eric D. Tindal & Andrea Mason Attorneys At Law
103 East College Street, Suite 312
Iowa City, IA 52240

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