1. Branstad & Olson
Focus Area: Criminal defense with 65+ years combined experience and People’s Choice Award recipient
Practice Areas: OWI/DUI, drug crimes, domestic violence, theft, sex crimes, misdemeanors, felonies
Background: Branstad & Olson is an Iowa criminal defense law firm. The Des Moines criminal attorneys work toward a favorable solution by meeting clients right away, jumping into action on their behalf, fighting when necessary, and negotiating when possible. No matter what charge you face, the firm approaches each case with a never-give-up attitude. When you work with Branstad & Olson, you have advocates looking out for your interests. The firm focuses on helping clients understand the laws and legal procedures surrounding their charges. Additionally, clients are kept informed about the status of their cases through MyCase, an intuitive case management system. The criminal defense lawyers in Des Moines, IA have over 65 years of combined experience representing clients from misdemeanor to felony. The firm received the 2023, 2024, and 2025 Des Moines’ People’s Choice Award.
Location: Des Moines, Iowa
Contact: (515) 329-3100 | https://www.branstadlaw.com/
Consultation: Free consultation available
2. Babich Sarcone Attorneys at Law
Focus Area: Criminal defense with Trial Lawyers College graduate and AV peer-review rating
Practice Areas: Criminal defense, DUI/OWI, drug offenses, assault, theft, domestic violence
Background: Babich Sarcone Attorneys at Law was created when the respected family law practice of Babich Goldman joined with Sarcone Law Firm, a criminal defense practice rooted in compassion and trial experience. The attorneys are known and respected by judges, peer counsel and the legal community at large. They have accumulated achievements that include attaining Martindale-Hubbell’s coveted AV peer-review rating, board certification in mediation, and serving as president of an American Inn of Court. The lead criminal defense attorney, Nick Sarcone, has advanced skills, knowledge and legal resources that allow him to prepare cases and develop strategic plans to find resolutions that fit client concerns and needs. Mr. Sarcone has more than 15 years of experience defending clients against a full range of criminal charges, and he is a graduate of the prestigious Trial Lawyers College.
Location: Des Moines, Iowa
Contact: (515) 817-1870 | https://www.desmoinesattorneys.com/
Consultation: Case evaluation available
3. Spellman Law, P.C.
Focus Area: Criminal defense with brother-and-sister legal team and 20+ years collective experience
Practice Areas: Drug crimes, OWI/DWI, prostitution, theft, assault, misdemeanors, felonies
Background: The brother-and-sister legal team at Spellman Law, P.C., has more than 20 years of collective experience in representing clients in West Des Moines and throughout Iowa. Ask around, and you’ll discover that the attorneys bring a level of compassion and determination that is hard to find at other criminal defense firms in Iowa. From the beginning until the end of your matter, you will work directly with a seasoned attorney who seeks to lessen the impact this problem has on you and your loved ones. You are never just a case number when you retain this firm. At Spellman Law, P.C., the lawyers have a keen understanding of Iowa law and procedure. They have represented thousands of Iowans and have clients throughout the United States. The attorneys will meet with potential clients in jail and other locations, if necessary.
Location: West Des Moines, Iowa
Contact: (515) 222-4330 | https://www.spellmanlawpc.com/
Consultation: Free case consultation available
4. McCarthy & Hamrock, P.C.
Focus Area: Criminal defense with 40+ combined years experience and federal court licensing
Practice Areas: Drug crimes, violent crimes, sex crimes, theft, white collar crimes, felonies
Background: Over the years, McCarthy & Hamrock, P.C. has successfully represented thousands of Iowans facing tough legal problems, including people who have been arrested and those who have been severely injured. The legal team at McCarthy & Hamrock, P.C. is comprised of veteran trial attorneys, talented paralegals, compassionate advocates, and dedicated problem solvers. The firm will work tirelessly to resolve legal problems by achieving the most favorable outcome possible for each client. With more than four decades of combined experience representing those accused of criminal charges, the Des Moines criminal defense lawyers at McCarthy & Hamrock, P.C. have the passion and determination to fight charges. Timothy McCarthy II has been a licensed attorney since 1983, and is eligible to practice in courts ranging all the way up to the U.S. Supreme Court. He has also taught law students at Drake University and other lawyers at various seminars.
Location: West Des Moines, Iowa
Contact: (515) 279-9700 | https://www.mccarthyhamrock.com/
Consultation: Free and confidential consultation available
5. Vogel Law, PLLC
Focus Area: Criminal defense dedicated solely to zealous advocacy for the accused
Practice Areas: Drug crimes, DWI/OWI, white collar crimes, theft crimes, sex crimes, violent crimes, felonies
Background: At Vogel Law, PLLC, the firm understands how scary it is to know you could go to jail. The firm handles many kinds of Iowa criminal cases, from drug offenses and drunk driving charges to sexual assault and violent crimes. The firm gives honest, straightforward advice at every stage so clients can make informed decisions. Unlike some law firms, Vogel Law is not afraid to take cases to trial if there’s a good chance of a better outcome. Attorney Joseph Vogel’s practice is solely dedicated to zealously advocating on behalf of those who have been accused of a crime. The firm handles all forms of criminal defense. Many people believe they can handle their case alone or rely on a public defender, but these strategies often lead to poor outcomes. Public defenders can struggle to give cases the attention they deserve due to heavy caseloads.
Location: Des Moines, Iowa
Contact: (515) 446-9886 | https://joevogellaw.com/
Consultation: Available for consultation
Criminal Defense Laws in Iowa
Felony Classifications
Iowa classifies felonies into four classes:
Class A Felony: Includes first-degree murder and first-degree kidnapping. Penalty is life imprisonment without parole.
Class B Felony: Includes second-degree murder, first-degree robbery, and sexual abuse in the first degree. Penalty is up to 25 years imprisonment.
Class C Felony: Includes second-degree robbery, second-degree burglary, and third-degree sexual abuse. Penalty is up to 10 years imprisonment and $10,000 fine.
Class D Felony: Includes third-degree theft (over $1,500), possession of controlled substances, and assault causing bodily injury. Penalty is up to 5 years imprisonment and $7,500 fine.
Misdemeanor Classifications
Aggravated Misdemeanor: Includes third-offense OWI, stalking, and domestic abuse assault causing injury. Penalty is up to 2 years imprisonment and $6,250 fine.
Serious Misdemeanor: Includes first-offense OWI, fifth-degree theft, and harassment. Penalty is up to 1 year imprisonment and $1,875 fine.
Simple Misdemeanor: Includes disorderly conduct and public intoxication. Penalty is up to 30 days in jail and $625 fine.
Expungement
Iowa allows expungement of certain criminal records:
Eligible Records: Acquittals, dismissals, deferred judgments (upon successful completion), and certain convictions after waiting periods.
Waiting Periods: Generally 8 years after completion of sentence for eligible convictions; immediate for dismissals and acquittals.
Effect: Record is removed from public access but may still be accessible to law enforcement and certain agencies.
OWI Laws
Iowa OWI applies to driving with BAC of .08% or higher (.04% commercial, .02% under 21). First offense is a serious misdemeanor with 48 hours to 1 year jail, $1,250 fine, and 180-day to 1-year license revocation. Second offense is an aggravated misdemeanor with 7 days to 2 years jail, $1,875 fine, and 1-year license revocation. Third offense is a Class D felony with up to 5 years prison, $9,375 fine, and 6-year license revocation.
Frequently Asked Questions
What courts handle criminal cases in Des Moines?
Criminal cases in Des Moines are handled by multiple courts depending on the offense. Polk County District Court handles all criminal matters including misdemeanors and felonies. Iowa uses a unified court system, so there is no separate municipal court for minor offenses. The Fifth Judicial District covers Polk County and surrounding areas. Federal criminal cases are handled by the U.S. District Court for the Southern District of Iowa, located in Des Moines. Having a Des Moines criminal defense attorney familiar with local judges and prosecutors provides an advantage in navigating your case.
What is a deferred judgment in Iowa?
A deferred judgment is a form of probation available in Iowa where the court “defers” (delays) entering a judgment of conviction. If you successfully complete probation, the case is dismissed and you may be eligible for expungement. During the probation period, you must comply with all conditions set by the court. If you violate probation, the court can enter a conviction and impose the original sentence. Deferred judgments are commonly used for first-time offenders and certain drug offenses. A Des Moines criminal defense attorney can negotiate for a deferred judgment and help you understand eligibility requirements.
What are the penalties for drug possession in Iowa?
Iowa drug penalties depend on the substance and amount. Possession of marijuana (first offense) is a serious misdemeanor with up to 6 months jail and $1,000 fine. Possession of marijuana (second offense) is a serious misdemeanor with up to 1 year jail and $1,875 fine. Possession of controlled substances (cocaine, methamphetamine, heroin) is a Class D felony with up to 5 years prison and $7,500 fine. Possession with intent to distribute carries enhanced penalties. Iowa has some of the strictest marijuana laws in the country. A Des Moines criminal defense attorney can evaluate defenses and negotiate for treatment alternatives.
What is the difference between OWI and DUI in Iowa?
Iowa uses the term OWI (Operating While Intoxicated) rather than DUI (Driving Under the Influence). The terms are essentially the same, referring to operating a motor vehicle while impaired by alcohol or drugs. Iowa law prohibits operating a motor vehicle with a BAC of .08% or higher, or while under the influence of any drug to a degree that renders you incapable of safely driving. OWI applies to any “operating” of a vehicle, which can include sitting in a parked car with the keys in the ignition. A Des Moines criminal defense attorney can challenge the traffic stop, field sobriety tests, and chemical test results.
Can I get my Iowa criminal record expunged?
Iowa allows expungement of certain criminal records. Eligible records include acquittals, dismissals, successfully completed deferred judgments, and certain convictions after an 8-year waiting period. Not all offenses are eligible; serious felonies, sex offenses, and certain violent crimes generally cannot be expunged. The process involves filing a petition with the court and demonstrating that expungement is in the public interest. Recent legislation has expanded expungement eligibility in Iowa. A Des Moines criminal defense attorney can evaluate your eligibility and guide you through the expungement process.