Judges in Iowa have discretion for sentencing within the guidelines of the Iowa Code. The following are considered in sentencing.
1. Sentencing Options for conviction of criminal offenses in Iowa are detailed under Iowa Code 901.5 (2009). Options include:
a. Judgment and impose fine or Sentence to confinement, and suspend under Chapter 907.
b. Judgment and impose fine or sentenceto confinement or both
c. Defer sentence/judgment if authorized under Iowa Code 907.3 (2009), and assign to judicial district department of correctional services. Under a deferred judgment, the defendant is placed on probation upon conditions as required. A civil penalty is assessed per Iowa Code section 907.14 (since a fine cannot be imposed). If the defendant does not cooperate with probation, then the judge may withdraw the defendant from the program, pronounce judgment, and impose a sentence as authorized by law.
Deferrment is not authorized if under Iowa Code section 907.3 (2009):
1. the crime was a forcible felony
2. a violation of chapter 709 (Sexual Abuse) committed by a person who is a mandatory reporter of child abuse under section 232.69 in which the victim is a person under the age of 18,
3. the offense is a violation of section 709.8 (Lascivious Acts with a Child) and the child is 12 years of age or under,
4. the defendant previously has been convicted of a felony (in Iowa, any state, or of the United States),
5. the defendant has been granted a deferred judgment or similar relief two or more times anywhere in the United States prior to the commission of the offense,
6. the defendant has been granted a deferred judgment or similar relief in a felony prosecurtion anywhere in the United States within the preceding 5 years prior to the commission of the offense,
7. defendant committed an assault on a peace officer in performance of his duty,
8. the defendant is a corporation,
9. offense is a violation of Iowa Code 321J.2 (OWI) and the person has been convicted of a violation of that section or the person's driver's license has been revoked under chapter 321J (OWI), and any of the following apply:
a. Defendant's alcohol concentration established by analysis of blood, breath, or urine exceeds .15;
b. Defendant previous received a deferred judgment or sentence for a violation of 321J.2, subsection 1, of for violation in another state similar to 321J.2(1).
c. Defendant previously received a deferred judgment or sentence for violation of 321J.2(1) or violation in another state similar to 321J.2(1).
d. If defendant refused to consent to testing
e. If offense under 321J (OWI) results in bodily injury to person other than defendant.
10. Prior to commission of offense, defendant had been granted a deferred judgment or sentence for a violation of section 708.2 (Assault) or 708.2A (Domestic Abuse Assault) which was issued on a domestic abuse assault, or similar relief anywhere in the U.S.
11. The offense is a conviction for or plea of guilty for violation of section 664A.7 (Violation of a No Contact Order) or finding of contempt pursuant to section 664A.7.
12. The offense is violation of section 707.6A (1) (Homicide or Serious Injury by Vehicle) or violation of section 707.5 (Involuntary Manslaughter), involving OWI.
13. The offense is a violation of section 124.401 (1) (a) or (b) (Controlled Substance) and the controlled substance is methamphetamine.
14. The offense is a violation of section 462A.14 (Operating Motorboat or Sailboat while Intoxicated) and a mandatory minimum sentence must be served or mandatory minimum fine must be paid
15. The offense is a violation of chapter 692A (Sex Offense).
d. Judgment and sentence to confinement and reconsider sentence as per Iowa Code 902.4 or 903.2 (2009).
e. Order defendant to complete treatment indicated by substance abuse evaluation ordered pursuant to Iowa Code 901.4A or other section.
f. DNA profiling for conviction under Iowa Code 81.2.
g. DNA sample if appropriate considering deterrent effect of DNA profiling, likelihood of repeated offenses and seriousness of offense.
h. For aggravated misdemeanor or felony, term of incarceration may be reduced from maximum sentence because of statutory earned time, work credits, and program credits.
i. Eligible for parole before sentence is discharge
j. Concurrent or consecutive sentencing for multiple sentences.
k. Driver’s license revocation for 180 days for sentence imposed under Iowa Code 902 or 903 for controlled substance offense under Iowa Code sections 124.401, 124.401A, 124.402, or 124.403; drug or drug-related offense under 126.3; controlled substance tax offense under 453B.
l. Order specifying range and scope of benefits to be denied under 21 U.S.C. § 862 for offenses under Iowa Code 124. Includes issuance of any grant, contract, loan, professional license, or commercial license provided by agency of U.S. or through appropriation of funds of the U.S. (not including retirement, welfare, social security, health, disability, veterans, public housing, or similar benefit for which payments or services are required for eligibility.
m. Order specifying range and scope of benefits to be denied to defendant for state benefits similar to above.
n. Special sentence under Iowa Code 903B.1 or 903B.2.
2. Trial court has discretion for imposing sentencing options. State v. Peckenschneider, 236 N.W.2d 334 (Iowa 1975). Iowa Code 901.5 (2009). A judge has the discretion for a sentence however, that is between the statutory minimum and maximum (inclusive). The Constitution requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of a prior conviction, must be submitted to a jury and proved beyond a reasonable doubt (unless of course, the defendant pleads guilty). Apprendi v. New Jersey, 530 U.S. 466 (2000). Blakely v. Washington, 542 U.S. 296 (2004). These cases dealt with "persistent felony offender" statutes. NY state statutes for "persistent" felony offenders were ruled unconstitutional by the U.S. Court of Appeals for the Second Circuit in People v. Rivera, 5 N.Y.3d 61 (2005).
Iowa also has habitual offender statutes. Iowa Code section 902.8 states " An habitual offender is any person convicted of a class "C" or a class "D" felony, who has twice before been convicted of any felony in a court of this or any other state, or of the United States. An offense is a felony if, by the law under which the person is convicted, it is so classified at the time of the person's conviction. A person sentenced as an habitual offender shall not be eligible for parole until the person has served the minimum sentence of confinement of three years."
The Iowa Supreme Court has ruled that the habitual offender statutes do not charge a separate offense, but simply are a sentencing enhancement. State v. Woody, 613 N.W.2d 215, 217 (Iowa 2000); accord State v. Brady, 442 N.W.2d. 57, 58 (Iowa 1989). While the Iowa statute applies to prior convictions, other jurisdictions have ruled that this issue must still go to a jury. At this time, Iowa's habitual offender statute has been upheld, but may be subject to a future challenge which could be successful.
3. Court considers the facts and circumstances in imposing judgment.
4. Court looks at factors when sentencing to provide for maximum opportunity for rehabilitation of defendant and protection of the community. Iowa Code 901.5 (2009).
a. Age
b. Prior record
i. Probation/parole status
ii. Performance under probation or parole
c. Prior deferments (max of 2 per lifetime)
d. Employment circumstances
i. Financial circumstances for fine payment, court costs, community service fees
ii. Community service requirements conflicting with job requirements
e. Family circumstances
f. Nature and circumstances of the offense
g. Other:
i. Mental health history
ii. Drug/alcohol abuse history
iii. Health problems
iv. Transportation problems
v. Education
vi. Other defendant characteristics
vii. Remorse
5. Court must enumerate reasons for selecting sentence imposed. State v. Freeman, 404 N.W.2d 188 (Iowa App. 1978); State v. Cooper, 403 N.W.2d 800 (Iowa App. 1987).
_____________________________________________
Disclaimers: Information on this web site can not be construed as legal advice, and you are advised to seek legal counsel and not rely on this or any other website. Use of this web site does not create an attorney/client relationship and should not be viewed as creating such a relationship.
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.
"We are a Debt Relief Agency. We Help People File for Bankruptcy Under the Bankruptcy Code."
Contingent fee rates are subject to rule 32:1.5(c) and (d). Percentages are computed after deduction of costs and the public is advised that, in the event of an adverse verdict or decision, the contingent fee litigant could be liable for court costs, expenses of investigation, expenses of medical examinations, and costs of obtaining and presenting evidence. Contingent fee agreements are not available for criminal law cases and most family law cases.
In the event a lawyer’s communication seeks to advise the client of litigation, the client is advised that the filing of a claim or suit solely to coerce a settlement or to harass another could be illegal and could render the person so filing liable for malicious prosecution or abuse of process.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the U.S. Internal Revenue Service, we inform you that any tax advice contained on this website is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding tax-related or other penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matter addressed herein.