Idaho Theft Crime Defense Attorneys | Boise Criminal Defense
Facing theft charges in Idaho? Our experienced criminal defense attorneys at Schofield & Young have successfully defended hundreds of clients against grand theft, petit theft, shoplifting, and burglary charges throughout Idaho. We offer free consultations and aggressive defense strategies to protect your rights and future.
Theft Crimes
A person commits theft when:
"with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains, or withholds such property from the owner."
This definition is provided in Idaho Code §18-2403 but there are many different types of offenses that classify as "Theft Crimes" in Idaho.
Idaho Petty Theft (or "Petit Theft")Under Idaho Code §18-2407, Petty Theft or Petit Theft is the stealing of property valued under $1000. Petty Theft is a misdemeanor in Idaho and can carry a sentence of up to $1000 in fines and up to one year in jail (See: Idaho Code §18-2408). Petty Theft is also considered a crime of "moral turpitude" which means the real world penalties for a conviction can extend far beyond anything ordered by the court. |
Idaho Grand TheftUnder Idaho Code §18-2407, there are several ways someone can be guilty of Grand Theft in Idaho: * The most common is the stealing of property valued over $1000. * The theft of a firearm. * Theft by a public servant engaging in their duties. * Theft of a public record. * Theft of a check, money order, credit card, or bank card. * Theft of property of any value through physical force. * Theft of property of any value through extortion. * Theft of livestock. *A series of thefts that when added together exceed a value of $1000. Grand Theft can also apply when multiple thefts are committed as part of a common scheme or plan. If a series of thefts—when combined—surpass $1,000 in value, they may be charged together as a single count of grand theft. Additionally, if property with a combined value over $50 is stolen during three or more incidents within a "criminal episode" (a series of unlawful acts over up to three days), this too will be considered grand theft under Idaho law. All Idaho Grand Theft charges are felonies and can lead to severe penalties. Under Idaho Code §18-2408 Grand Theft is punishable by a fine of $5000 and up to 14 years in the state penitentiary. |
Idaho ShopliftingUnder Idaho Code § 18-4624, it is a crime to alter or remove tags from merchandise at a store for the purpose of purchasing the property at a lower price or attempting to steal the property. |
Idaho Willful ConcealmentUnder Idaho Code §18-4626, it is a crime to conceal goods without the permission of the store or merchant. This is very similar to shoplifting. |
BurglaryUnder Idaho Code §18-1401, it is a felony to enter any property (home, store, etc.) with the intent to commit a theft or any felony therein. Burglary is a felony, and under Idaho Code §18-1403, is punishable by a minimum of 1 year and up to 10 years in prison! |
Idaho Commercial BurglaryThis is a misdemeanor version of the Burglary statute. It involves entering a business with the intent to commit a theft of $300 or less. |
RobberyUnder Idaho Code §18-6501, it is a felony to take the personal property of another, against their will, through the use or threat of physical force. Robbery is a felony and carries severe punishments of a minimum five years and up to life in prison! |
Other Theft Offenses* Writing Bad Checks under Idaho Code §18-3106 it is a felony to write a check while knowing that the account attached to that check does not contain sufficient funds. * Possessing/receiving stolen property, under Idaho Code §18-3127, it is a felony to be in possession of property that you know to be stolen. * Embezzlement is when a person wrongfully steals or misappropriates property entrusted to him by the rightful owner. * Fraud is a deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. There are many different types of fraud but in most cases the purpose of fraud is monetary gain or financial benefits. * Forgery, in layman's terms, a forgery is committed when: A person, with the intent to defraud another, makes or alters a document; OR A person, with the intent to defraud another, makes or alters a document; OR A person, knowing they are false, attempts to pass off altered, forged, or counterfeited documents as genuine. |
Grand Theft Idaho | Idaho Petit Theft | Burglary
Sentencing for Theft Crimes in Idaho
The sentence you may face for theft in Idaho depends on several factors, including the exact details of your case and your individual circumstances. Courts look at elements such as the type and value of the property taken, how the theft was committed, your prior criminal record, and any aggravating factors involved. Because of this, sentencing is not “one size fits all”—judges have the discretion to weigh these variables when determining your punishment under Idaho law.
Idaho Theft Crimes FAQ
What is Grand Theft in Idaho?
Generally speaking, grand theft is the theft of property with a value over $1000. (Grand Theft Definition)
What is Petty Theft in Idaho?
Petty Theft or "Petit Theft" is the theft of property with a value of less than $1000.
Can Acquiring Lost Property Be Considered Theft in Idaho?
Yes, under Idaho law, taking possession of lost property can amount to theft if you keep it knowing it isn't yours. If you find something that clearly belongs to someone else—whether it's been lost, left behind, or delivered to you by mistake—and you make no reasonable effort to return it to the rightful owner, Idaho courts may treat it the same as if you'd taken property outright. In other words, simply picking up lost or misdelivered items and deciding to keep them, rather than trying to find the owner, can land you on the wrong side of Idaho's theft statutes.
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Theft Crimes in Idaho are Serious
A conviction for a theft crime can carry serious short and long term consequences affecting your freedom, employment, personal relationships, and reputation. On top of any punishment the court hands down, a conviction can be particularly harmful in terms of gaining future employment. The conviction will still surface on background checks and employers tend to pass on applicants with theft records, fearing them to be dishonest and having the potential to steal from their companies. Additionally theft offenses are considered "crimes of moral turpitude." This means that licensing bodies may use this as a reason to deny licenses and certifications, such as a contractors license, a nursing license, or a real estate license.
Do not let a theft conviction follow you around for the rest of your life.
Many of those people charged are good, productive members of society. Some have been wrongfully accused while others have simply made an unfortunate mistake. Either way, you need a criminal defense attorney who will protect your future, your reputation, and your freedom. Let us help you.
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