Iowa burglary penalties run from up to 5 years in prison for a third-degree felony to up to 25 years for a first-degree charge, with the degree fixed by three facts: whether anyone was inside the structure, whether the defendant had a weapon or explosive, and whether anyone was hurt. A first vehicle burglary is the one outlier, charged as an aggravated misdemeanor. Fines, mandatory minimums, and whether probation is even possible all follow from the degree.
What Iowa Treats as Burglary
Under Iowa Code 713.1, burglary is entering or remaining in an occupied structure without permission, intending to commit a felony, assault, or theft inside.1Iowa Legislature. Iowa Code 713.1 – Burglary Defined “Occupied structure” is broader than it sounds. It covers any building, vehicle, watercraft, aircraft, or similar place used for overnight stays, business, or storing valuables, and it counts as occupied even when nobody is physically inside. A closed retail store at 3 a.m. still qualifies.2Iowa Legislature. Iowa Code 702.12 – Occupied Structure Safes, lockboxes, and vending machines are too small to enter and do not count.
Intent is what separates burglary from trespass. Prosecutors do not have to prove the intended crime was completed, only that the intent existed at entry or while the defendant remained inside.
First-Degree Burglary: Up to 25 Years
First-degree burglary requires two things at once: at least one person present in the structure, and at least one aggravating factor. The aggravating factors are possession of a dangerous weapon, possession of an explosive or incendiary device, intentionally or recklessly causing bodily injury, or committing an act that would constitute sexual abuse.3Iowa Legislature. Iowa Code 713.3 – Burglary in the First Degree
It is a Class B felony carrying a maximum of 25 years in prison.4Iowa Legislature. Iowa Code 902.9 – Maximum Sentence for Felons Iowa’s sentencing statute imposes no fine on Class B felonies. First-degree burglary is also a forcible felony, which shuts down some sentencing options discussed below.5Iowa Legislature. Iowa Code Chapter 702 – Definitions
Second-Degree Burglary: Up to 10 Years
Second-degree covers two mirror-image scenarios. Either the structure had no one inside but the defendant had a weapon or explosive or someone suffered injury, or people were present but the defendant had no weapon or explosive and nobody was hurt.6Iowa Legislature. Iowa Code 713.5 – Burglary in the Second Degree
The charge is a Class C felony: up to 10 years in prison plus a mandatory fine of $1,370 to $13,660.4Iowa Legislature. Iowa Code 902.9 – Maximum Sentence for Felons The fine is not discretionary. The statute says a Class C felon “shall be sentenced” to a fine within that range on top of any prison time.
Third-Degree Burglary: Up to 5 Years
Third-degree burglary is the residual category. Any burglary that does not meet the first- or second-degree criteria lands here, typically breaking into a structure when nobody is present, without a weapon, and without causing injury.7Iowa Legislature. Iowa Code 713.6A – Burglary in the Third Degree
It is normally a Class D felony, punishable by up to 5 years in prison and a mandatory fine of $1,025 to $10,245.4Iowa Legislature. Iowa Code 902.9 – Maximum Sentence for Felons One important exception: a first burglary of an unoccupied motor vehicle or vessel is an aggravated misdemeanor, not a felony. Any second or later vehicle burglary conviction returns to the Class D felony level.7Iowa Legislature. Iowa Code 713.6A – Burglary in the Third Degree
Mandatory Minimums for Weapons and Prior Records
A defendant convicted of a forcible felony who displayed, carried, or claimed to have a dangerous weapon during the crime faces a 5-year mandatory minimum with no parole eligibility until that time is served.8Iowa Legislature. Iowa Code 902.7 – Minimum Sentence for Certain Felonies First-degree burglary is a forcible felony, so an armed defendant convicted of it must serve at least 5 of the 25 possible years before any chance of release.
Prior record adds another layer. A defendant convicted of any felony who has one or more prior forcible felony convictions must serve at least half the maximum sentence before becoming parole-eligible, unless the priors are more than five years old.9Iowa Courts. Iowa Criminal Statutes Summary Chart With a prior first-degree burglary and a new Class B felony, that translates to 12.5 years minimum.
Probation and Deferred Judgment
Deferred judgment is unavailable for forcible felonies, so a first-degree burglary defendant cannot receive one under any circumstances.10Iowa Legislature. Iowa Code 907.3 – Deferred Judgment, Deferred Sentence, or Suspended Sentence
Second- and third-degree burglary defendants may be eligible for a deferred judgment or suspended sentence, but the door closes quickly. A deferred judgment is off the table if the defendant has a prior felony conviction, has already received two or more deferred judgments anywhere in the country, or received a felony deferred judgment within the preceding five years.10Iowa Legislature. Iowa Code 907.3 – Deferred Judgment, Deferred Sentence, or Suspended Sentence A successful deferred judgment avoids a formal conviction on the record, which is why it matters so much.
Restitution
Every Iowa criminal case ending in a guilty plea or verdict requires the sentencing court to order restitution to victims.11Iowa Legislature. Iowa Code Chapter 910 – Victim Restitution Pecuniary damages cover what a victim could recover in a civil suit for the same conduct, except punitive damages and pain and suffering: the value of stolen or damaged property, medical and counseling costs, and lost income.
Ability to pay does not affect the pecuniary damages order. The obligation follows the defendant past release and can be collected through wage garnishment. Court costs, fines, surcharges, and court-appointed attorney fees are also part of restitution, though those categories can be adjusted for ability to pay.11Iowa Legislature. Iowa Code Chapter 910 – Victim Restitution
Collateral Consequences
Voting Rights
Iowa’s constitution removes voting rights on a felony conviction. Executive Order Number Seven, signed in 2020, automatically restores those rights once an Iowan has completed the full sentence, including probation, parole, and payment obligations.12Iowa Secretary of State. Restoring Voter Rights Anyone still serving a sentence can apply to the Governor for individual restoration.13Office of the Governor of Iowa. Voting Rights Restoration
Firearms
Federal law permanently prohibits anyone with a felony conviction from possessing firearms or ammunition. Iowa piles on. A felon who knowingly possesses a firearm faces a Class D felony with a 2-year mandatory minimum for a first offense, 4 years for a second, a Class C felony with a 7-year minimum for a third, and a 10-year minimum for a fourth or later offense.14Iowa Legislature. Iowa Code 724.26 – Possession of Firearms by Felons Courts cannot defer or suspend those minimums, and earned time does not reduce them.
Employment, Housing, and Professional Licenses
Background checks are routine for employment and rental housing, and a burglary conviction raises predictable concerns about access to property, cash, and secure spaces. Iowa licensing boards can treat felony convictions as disqualifying offenses. An applicant with a burglary conviction can still seek licensure but has to show rehabilitation by clear and convincing evidence, and each board sets its own disqualifying list.
Defenses That Can Reduce or Defeat the Charge
Most burglary defenses target one of two elements: unauthorized entry or criminal intent. Permission to be inside defeats the charge regardless of what happened next. A former employee with a working key and a business-hours visit is not the same case as someone prying a window.
Intent is where most defense work happens. The prosecution must prove the defendant intended a felony, assault, or theft at the moment of entry or while remaining inside. Someone who entered to sleep, escape weather, or retrieve property they believed was theirs may lack that intent. Confessions are rare, so prosecutors build intent from circumstantial evidence such as burglary tools, stolen property, and post-entry conduct.
Mitigating factors do not defeat a charge but can move a sentence toward the lower end of the range, particularly in second- and third-degree cases where judges have more room. A clean record, cooperation with law enforcement, a minor role, or evidence of duress all fall into that category.