llama66 llama66:
I think the problem is twofold
1. This wasn't his first conviction
2. The law doesn't set different jail sentences for different objects, it say if you burn x the max you can get is y
Because he was a repeat offender, he got the max.
You're absolutely correct, I over looked that myself.
He was convicted of third degree arson - max 2 years
Third degree harassment - 30 days
Reckless use of fire or explosives - 1 year max
But because the person himself set fire to flag BECAUSE it was an LGBT flag, prosecutors added a hate crime enhancement. (The same way would happen if someone say they painted a swastika on that wall because it was a Synagogue).
Iowa law states:
$1:
712.9 Violations of individual rights — penalties.
A violation of sections 712.3 through 712.8, which is also a hate crime as defined in section
729A.2, shall be classified and punished as an offense one degree higher than the underlying
offense.
So that turns it from Third degree arson, an aggravated misdemeanor to a class d felony. Which makes the max prison sentence 5 years. But because he has been convicted of two prior felonies in court, he gets sentenced as a habitual offender. Anyone being sentenced as a habitual offender gets a max of 15 years regardless of crime (unless, I assume, the crime carries a higher penalty).
$1:
Maximum sentence for felons.
1. The maximum sentence for any person convicted of a felony shall be that prescribed
by statute or, if not prescribed by statute, if other than a class “A” felony shall be determined
as follows:
a. A felon sentenced for a first conviction for a violation of section 124.401D, shall be
confined for no more than ninety-nine years.
b. A class “B” felon shall be confined for no more than twenty-five years.
c. An habitual offender shall be confined for no more than fifteen years.
So now it's Arson - 15 years
Harassment 30 days
Reckless use - 1 year
Good catch Llama