Criminal mischief in the fifth degree in Iowa is a simple misdemeanor punishable by up to 30 days in jail and a fine between $105 and $855, plus restitution to the property owner and mandatory court surcharges. It’s the lowest-level property damage charge in the state and generally applies when the repair or replacement cost is $300 or less. For a first offense, a deferred judgment is often available, which can keep the charge off your permanent record if you complete probation.
When This Charge Applies
Iowa Code § 716.1 defines criminal mischief as damaging, defacing, altering, or destroying another person’s property intentionally and without any right to act on it.1Justia. Iowa Code Title XVI, Chapter 716, Section 716-1 Two things have to be true. First, the act was deliberate rather than accidental. Backing into a mailbox because you misjudged a turn is not criminal mischief; knocking it over because you’re angry at the owner is. Prosecutors don’t have to show you planned anything in advance, only that the damaging act itself was on purpose.
Second, you had no legal authority to do what you did. Tearing down a fence on your own property, or taking back something you have a legal claim to, doesn’t fit the statute. The law protects other people’s property from interference they didn’t authorize.
Fifth degree is the residual tier. Iowa Code § 716.6 defines it as “all criminal mischief which is not criminal mischief in the first degree, second degree, third degree, or fourth degree.”2Iowa Legislature. Iowa Code 716.6 – Criminal Mischief in the Fourth and Fifth Degrees Because fourth degree begins at $300 in damage, fifth degree effectively covers damage valued at $300 or less. The dollar figure is based on actual cost to repair, replace, or restore — not what the owner originally paid or what the item means to them.
Jail, Fines, and Court Costs
As a simple misdemeanor, fifth-degree criminal mischief is sentenced under Iowa Code § 903.1. The fine runs from $105 to $855, and the court cannot suspend it entirely — some amount of fine must be paid.3Iowa Legislature. Iowa Code 903.1 – Maximum Sentence for Misdemeanants The judge can also impose up to 30 days in the county jail, either in place of the fine or in addition to it.
Jail time is uncommon for a first offense at this level unless aggravating facts are present, such as repeated incidents, an ongoing dispute with the victim, or a defendant who refuses to cooperate with the court. Most first-time offenders see fines and possibly probation. But the judge has full discretion inside the statutory range, and the 30-day cap is a real possibility, not a theoretical one.
The fine is not the whole bill. Iowa adds a 15% crime services surcharge on top of any fine imposed, which on the maximum $855 fine adds roughly $128.4Iowa Legislature. Iowa Code 911.1 – Crime Services Surcharge There is also a $60 court filing and docketing fee for simple misdemeanor cases.5Iowa Legislature. Iowa Code 602.8106 – Collection of Fees in Criminal Cases and Disposition of Fees Even at the low end of a conviction, the total owed runs well above the base fine.
Restitution to the Property Owner
Fines are paid to the state. Restitution is paid to the person whose property was damaged, and it is mandatory. Iowa law requires the sentencing court to order pecuniary damages to the victim in every case that ends in a guilty plea or verdict.6Iowa Legislature. Iowa Code Chapter 910 – Restitution Your ability to pay doesn’t reduce the amount; the court orders restitution without regard to it.
Restitution covers the victim’s actual out-of-pocket losses, to the extent they weren’t covered by insurance. And the victim gets paid before fines, surcharges, or court costs.7Iowa Legislature. Iowa Code 915.100 – Victim Restitution Rights If you owe $250 in restitution for a broken window and $400 in fines and costs, the victim’s $250 comes first out of whatever you pay in. Failing to keep up with restitution as ordered can extend your probation or trigger additional court proceedings.
Keeping It Off Your Record: Deferred Judgment
For a lot of people facing this charge, the deferred judgment option under Iowa Code § 907.3 is more important than the fine amount. A deferred judgment means the court holds off on entering a conviction. You plead guilty, but instead of being convicted, you go on probation with conditions set by the judge.8Iowa Legislature. Iowa Code 907.3 – Deferred Judgment, Deferred Sentence, or Suspended Sentence
Eligibility requires the court’s approval and your consent. You cannot receive a deferred judgment if you have a prior felony conviction or if you’ve already received two or more deferred judgments anywhere in the United States.8Iowa Legislature. Iowa Code 907.3 – Deferred Judgment, Deferred Sentence, or Suspended Sentence Criminal mischief in the fifth degree is not on the list of offenses excluded from eligibility, so first-time offenders typically qualify.
The payoff comes at the end. If you complete probation — staying out of trouble, paying restitution and court costs, and meeting any other conditions the judge set — the record is expunged on discharge from probation.9Iowa Legislature. Iowa Code 907.9 – Discharge From Probation, Procedure, Expungement The expunged record becomes confidential and exempt from public access. That is the difference between walking away with a clean record and carrying a property-damage misdemeanor around for years.
If You’re Already Convicted
If you were convicted rather than given a deferred judgment, Iowa still has an expungement path, but the wait is long. Under Iowa Code § 901C.3, you can apply to expunge a misdemeanor conviction eight years after the date of conviction, provided you have no pending criminal charges and have paid all fines, court costs, restitution, and other financial obligations in full.10Iowa Legislature. Iowa Code Chapter 901C – Expungement
Two limits are worth knowing. Iowa grants only one lifetime expungement under this provision, though multiple misdemeanors from the same incident can be included in a single application. And certain misdemeanors are excluded from expungement entirely. Criminal mischief is not on the exclusion list, so a fifth-degree conviction becomes eligible after eight years.10Iowa Legislature. Iowa Code Chapter 901C – Expungement Once granted, the record becomes confidential and is removed from public access.
Defenses That Fit This Charge
The two required elements — intent and lack of authority — also point to the most natural defenses.
- Accident or lack of intent. Genuine accidents are a complete defense because the statute requires intentional conduct. Bumping a car door in a parking lot or damage caused by malfunctioning equipment doesn’t meet that standard.
- Right to act on the property. If you owned the property, co-owned it, or had the owner’s permission, the “no right to so act” element fails. This issue surfaces between co-tenants, between landlords and tenants, and between spouses in a dispute over shared property.
- Disputed damage valuation. The dollar amount decides the degree. If the state alleges $400 in damage (fourth degree, a serious misdemeanor) and a repair estimate comes in at $200, the correct charge is fifth degree. Challenging valuation can move the case down a tier or between misdemeanor levels.
- Mistaken identity. Property damage cases often rest on circumstantial evidence without a direct witness. If you weren’t the one who did it, that’s a straightforward factual defense.
Why the Record Matters Beyond Sentencing
Fifth degree is the lowest property crime in Iowa, but a conviction still shows up on background checks. Employers screen applicants routinely, and a misdemeanor involving property damage can raise flags for jobs that involve access to expensive equipment, people’s homes, or financial assets. It doesn’t automatically disqualify you, but it gives an employer a reason to pick someone else.
Housing applications can get harder too. Landlords who run background checks may flag any criminal conviction, and property damage charges in particular can make a landlord uneasy about signing a lease.
That’s the real argument for taking the deferred judgment path seriously if you’re eligible. A fine stings for a month. A conviction creates friction for years, across every job application, apartment search, and professional license renewal. At this charge level, keeping the conviction off your record is usually worth more than any reduction in the fine.