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Criminal Mischeif in the 5th degree

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HyltonW

Guest
Criminal Mischief in the 5th degree

Need advise. . . damaged door in Council Bluffs, Ia. With fiance keys locked in home. She gave permission and accepted responsibility for the door, so I kicked it in. Tried to get attention of anyone inside prior to doing so but no answer. Now I have a first time 5th degree Criminal Mischief charge on my hands. What should I do?
 
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JETX

Senior Member
Iowa Code:

"716.1 Criminal mischief defined.
Any damage, defacing, alteration, or destruction of tangible property is criminal mischief when done intentionally by one who has no right to so act."

"716.6 Criminal mischief in the fourth and fifth degrees.
Criminal mischief is criminal mischief in the fourth degree if the cost of replacing, repairing, or restoring the property so damaged, defaced, altered, or destroyed exceeds two hundred dollars, but does not exceed five hundred dollars. Criminal mischief in the fourth degree is a serious misdemeanor. All criminal mischief which is not criminal mischief in the first degree, second degree, third degree, or fourth degree is criminal mischief in the fifth degree. Criminal mischief in the fifth degree is a simple misdemeanor. "

"903.1 Maximum sentence for misdemeanants.
1. If a person eighteen years of age or older is convicted of a simple or serious misdemeanor and a specific penalty is not provided for or if a person under eighteen years of age has been waived to adult court pursuant to section 232.45 on a felony charge and is subsequently convicted of a simple, serious, or aggravated misdemeanor, the court shall determine the sentence, and shall fix the period of confinement or the amount of fine, which fine shall not be suspended by the court, within the following limits:
a. For a simple misdemeanor, there shall be a fine of at least fifty dollars but not to exceed five hundred dollars. The court may order imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine.
b. For a serious misdemeanor, there shall be a fine of at least two hundred fifty dollars but not to exceed one thousand five hundred dollars. In addition, the court may also order imprisonment not to exceed one year."
 

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