Penalties for Making, Delivering, or Possessing Methamphetamine in Iowa

penalties methamphetamine

Drugs, whether it be the manufacturing, delivering, or possessing with the intent to deliver them, have always been a relevant topic. In this blog I often write about the consequences for such actions. While I have previously blogged with focalization on the penalties for possession of marijuana in Iowa, today I will be discussing methamphetamine, which lately, has been an area of relevance in Iowa.

Iowa is very clear with it comes down to the penalties for manufacturing, delivering, or possessing with the intent to deliver methamphetamine. There are three distinct categories of subsections punishments when in violation of Section §124.401 of the Iowa Code regarding methamphetamine.

 

Greater than 5kg

If one is manufacturing, delivering, or possessing with the intent to deliver more than five kilograms of a mixture or substance containing methamphetamine, one is in violation of subsection §124.401(1)(a) which is a class “B” felony. One will receive a punishment of incarceration for no more than fifty year as well as a fine no larger than one million dollars.

5kg to 5g

If one is manufacturing, delivering, or possessing with the intent to deliver more than five grams but not more than five kilograms of a mixture or substance containing methamphetamine, one is in violation of subsection §124.401(1)(b) which is also a class “B” felony. However with this violation one will only receive a fine of no less five thousand dollars but no more than one hundred thousand dollars.

Less than 5g

Lastly, if one is manufacturing, delivering, or possessing with the intent to deliver less than five grams of a mixture or substance containing methamphetamine, one is in violation of subsection §124.401(1)(c) which is a class “C” felony. One shall receive a fine of no less than one thousand dollars but no more than fifty thousand dollars.

 

As you can see, whether one is making, selling of is just in possession of methamphetamines, the consequences for this crime are very serious in Iowa. There are various charges that one can receive in regards to methamphetamine; which is why an individual that finds themselves in such a case is in need of an experienced and knowledgeable attorney who can provide them with guidance and assistance to reach the best possible outcome.

So, if you or your loved one is charged with manufacturing, delivering, or possessing with the intent to deliver methamphetamine or any other controlled, counterfeit, or simulated controlled substance in Iowa, do not hesitate to call us at Stowers and Sarcone Law Firm at 515.224.7446. Furthermore if you have questions about Iowa drug laws and penalties, feel free to call us and will be more than happy to answer your questions. Our experienced attorneys provide dedicated and experienced representation with cases in these areas.

ARSONS IN IOWA

Today, Des Moines Register reported about six fires that happened in Iowa. In this post, I want to explain how Iowa law defines the crime of arson.

According to Section 712.1 of the Iowa Code, Arson is defined as causing a fire or explosion, or placing any burning or combustible material, or any incendiary or explosive device or material, in or near any property with the intent to destroy or damage such property, or with the knowledge that such property will probably be destroyed or damaged whether or not any such property is actually destroyed or damaged.

The Iowa Code uses the language “intent to destroy or damage.”  It means that it does not matter whether such property is actually destroyed or damaged.  Simply setting a fire to someone’s property to cause damage is enough to commit arson. However, a defendant is not guilty of arson if an owner of the property consented to the defendant’s acts, those acts did not unreasonably endanger the life or property of any other person and no insurer was exposed fraudulently to any risk.

In Iowa, there are several degrees of arsons:

  • Arson is arson in the first degree when the presence of one or more persons can be reasonably anticipated in or near the property, which is the subject of the arson, or the arson results in the death of a firefighter. Arson in the first degree is a class “B” felony. It is punishable by up to 25 years imprisonment
  • Arson is arson in the second degree when the property, which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five hundred dollars. Arson in the second degree is a class “C” felony. It is punishable by up to 10 years of imprisonment and a potential fine of $1,000.00 to $10,000.00.
  • Arson is arson in the third degree if it is not arson in the first degree or arson in the second degree. Arson in the third degree is an aggravated misdemeanor. It is punishable by up to two years in jail and a fine of $625 to $6,250.

Moreover, it is a crime to threaten to place any incendiary or explosive device in any place where it will endanger persons or property. This crime is a class “D” felony. Children sometimes when they do not want to write a test make bomb threats or bomb pranks. It is important to explain to them that it is a crime to make bomb threats. That can result in criminal charges and serious academic consequences. This is an example of that.

As you can see, Arson is a serious crime in Iowa. That is why, a person charged with arson needs an experienced and knowledgeable attorney to provide guidance and assistance to get the best outcome. So, if you or your loved one is charged with arson in Iowa, do not hesitate to call us at Stowers and Sarcone Law Firm at 515.224.7446. Our experienced attorneys provide dedicated and experienced representation in cases that involve arson.

 

Iowa Fraud Laws

fraud iowa penalties

Recently, I blogged about theft laws in Iowa. One of the ways to commit theft in Iowa is to engage in “fraudulent practices”. Fraudulent practice is more commonly known as fraud.  In Iowa, there are a lot of different ways a person can commit fraud.  Here are some examples of that:

  • Selling and accepting payment for goods that do not exist
  • Selling counterfeit goods; altering a tag, packaging, etc. that misrepresents the quantity or quality of the goods; possessing a counterfeit label intending to put it on goods
  • Damaging, altering, or making inoperative a meter or measuring device such as water meter, electric meter, etc, with the intent to defraud
  • Removing or defacing a Vehicle Identification Number (VIN)
  • Obtaining possession of someone else’s property by lying to them and saying that they either won or are about to win a prize

Similar to theft, the level of crime and a person’s punishment in Iowa is based on the value of the goods or services affected. This value is either the market value in the community, the replacement value, or the actual value.  If multiple acts are committed, and those acts are connected to a single plan or scheme, then values of those acts could be combined. There are five degrees of fraud in Iowa:

  • Fraudulent practice in the 1st degree is a class “C” felony and occurs where the amount of money or value of property involved is greater than $10,000
  • Fraudulent practice in the 2nd degree is a class “D” felony. This occurs where the amount involved is greater than $1,000 but less than $10,000; or if the person had been convicted of fraud before
  • Fraudulent practice in the 3rd degree is an aggravated misdemeanor. This occurs when the amount involved is greater than $500 but less than 1,000; or if the person committed fraud by counterfeiting goods; or if it is impossible to determine the amount or value in controversy
  • Fraudulent practice in the 4th degree is a serious misdemeanor. This occurs when the amount involved is greater than $200 but less than $500
  • Fraudulent practice in the 5th degree is a simple misdemeanor. This occurs when the amount involved is less than $200

As you can see, fraud is a very complex crime in Iowa. There are many different ways to commit fraud, and many different ways to be punished for it. That is why, a person charged with fraud needs an experienced and knowledgeable attorney to provide guidance, assistance, and to get the best outcome. So, if you or your loved one is charged with Fraudulent Practices in Iowa, do not hesitate to call us at Stowers and Sarcone Law Firm at 515.224.7446. Our experienced attorneys provide dedicated and experienced representation in cases that involve fraud.

Penalties for Possession of Marijuana in Iowa

I blog a lot about marijuana and controlled substances. Previously, I compared how state and federal charges differ. I also explained how Iowa law classifies control substances depending on their physical and psychological dependency. Today, I will post a table that will list penalties for possession of marijuana in Iowa.

Class Minimum penalties Maximum penalties Additional penalties
First Offense Serious Misdemeanor Fine of $315

 

Deferred judgment is available

Imprisonment for not more than 6 months in jail

 

A fine of not more than $1,000

Six-month driver’s license suspension
Second Offense

 

Serious Misdemeanor Fine of $315 Imprisonment for not more than 1 year in jail

 

A fine of not more than $1,875

Six-month driver’s license suspension
Third offense Aggravated Misdemeanor Fine of $625

 

Imprisonment for not more than 1 year in jail

 

A fine of not more than $6,250

Six-month driver’s license suspension

If you have questions about Iowa drug laws and penalties, feel free to call me at (515) 224-7446. I will be happy to answer your questions and to tell you more about drug charges in Iowa.