Theft is one of the most commonly charged crimes in Idaho, but not all theft offenses are treated the same. Idaho law distinguishes between petty theft and grand theft, and the difference between the two can mean the difference between a misdemeanor with minimal jail time and a felony with at least a year in prison at a state facility.
The terms petty theft and grand theft derive from the French words for small (petit) and large (grand). The terms petit larceny and grand larceny became part of English common law by which theft (larceny) was divided into two categories usually based on the monetary value of the stolen goods (or cash). The US adopted this distinction and many state laws, including Idaho law, continue to employ these categories. However different states make different distinctions, depending on value or the type of goods stolen.
If you or someone close to you is facing theft charges in Idaho, it’s important to understand how Idaho law classifies theft offenses and what penalties may apply in a given case. Sullivan Law Office, PLLC, is a criminal defense law firm in Coeur d’Alene, Idaho. We advise and represent clients accused of theft crimes, DUI, domestic violence, and other state and federal crimes. Below are some guidelines that can help you understand Idaho’s theft statutes.
What Is Theft Under Idaho Law?
Idaho’s theft statute, Idaho Code § 18-2403, defines theft very broadly. It encompasses any conduct that entails exercising control over someone else’s property with the intent to deprive the owner of it permanently, including:
- Shoplifting merchandise from a store
- Using deception to deprive a person of their property
- Receiving stolen goods
- Stealing any personal property such as a phone, bike, or wallet from a person, their home, car, office, locker, or other location
- Embezzlement or misusing funds entrusted to you
- Knowingly acquiring lost property when the true owner is known or can be discovered
- Taking services without paying for them (e.g., dining and dashing)
- Obtaining property through extortion
The severity of the criminal charge depends primarily on the value of the property; however, some theft can be upgraded depending on the circumstances of the theft or the items stolen.
Petty Theft in Idaho
Petty theft is the lesser form of theft and is charged as a misdemeanor. The general definition means the theft of property or services valued at less than $1,000.
For petty theft, the penalty may include:
- Up to 1 year in county jail
- A fine of up to $1,000
- Possible restitution to the victim
Even though petty theft is classified as a misdemeanor, it should not be taken lightly. Even a misdemeanor conviction establishes a criminal record that may affect future employment, housing, and professional opportunities.
Grand Theft in Idaho
Grand theft is the more serious form of theft and is classified as a felony. The general definition of grand theft usually means theft of property or services valued at $1,000 or more (such as a car, expensive jewelry, or electronics). However, grand theft in Idaho can include thefts of property valued at less than $1,000, depending upon the goods stolen or the circumstances of the theft. For example, the following actions are classified as felonies:
- Stealing any firearm (regardless of value)
- Theft undertaken by threatening another with bodily injury or damage to property
- Stealing or killing an animal or livestock valued at more than $150
- Taking a public record
- Stealing a check, credit card, or other financial instrument
- Theft of property from a person
- Theft by extortion
The penalties for felony theft may include:
- Up to 14 years in state prison
- Fines up to $5,000
- Restitution to the victim
Some grand theft convictions may carry even harsher sentences if aggravating factors are present, such as prior convictions or theft involving violence, threats of violence, or weapons.
Consequences Beyond Jail or Fines
Like most criminal convictions, both petty theft and grand theft convictions can have long-term effects beyond the sentencing penalties, including:
- A permanent criminal record visible to employers, landlords, and licensing boards
- Potential loss of professional licenses or restrictions on obtaining one
- Immigration consequences for non-citizens, including deportation risks
- Difficulty passing background checks
- Impacts to gun rights and voting rights
Defending Against Theft Charges in Idaho
Theft charges are serious, but being accused does not mean you are guilty. Under the American system, all those accused of a crime are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. There are numerous ways an experienced criminal defense attorney can assist you in defending against a criminal charge, including:
- Challenging the evidence for any element of the crime
- Disputing the valuation of the property
- Examining whether law enforcement complied with the law in compiling evidence
- Negotiating for reduced charges, dismissal, or alternatives such as diversion programs
In addition, your attorney can provide you with invaluable advice on how to preserve and protect your rights. If you’ve been accused of theft in Idaho, contact Sullivan Law Office immediately, and do not discuss the situation with anyone or talk to law enforcement without an attorney present. When you work with Sullivan Law Office, our attorneys will review your case, protect your rights, and fight for the best possible outcome.
This general legal information is not intended to provide legal advice for any specific case or person.