There are many factors which have to be considered for sentencing. Prior record is one of those factors. Without providing details of the offense. level of theft, and circumstances of the offense it is not possible to provide information concerning possible sentencing.
Realize that the judge has discretion, but will base his/her decision upon the recommendations of the county attorney and the defense attorney/ defendant. The judge will also consider the maximum and minimums provided by the Iowa Code for the offense and must stay within those limits. The judge must also consider the rehabilitation of the defendant and the protection of society from the defendant.
The judge must consider a jail sentence and fines/surcharges. The judge can suspend jail and/or fines in certain circumstances. The judge may also defer judgment or sentence and place the defendant on probation.
I would find out what the county attorney is recommending in this case, as it is the most likely punishment that the judge will impose.
Answered on Nov 17th, 2013 at 4:20 PM