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Theft Crimes Defense in Idaho

Unpacking Idaho Theft Laws: Your Guide to Understanding Theft Charges and Consequences

Getting slapped with a theft accusation is rough. It can leave you spinning, baffled, and downright terrified. But don't panic - we're here to clear up the murky waters of the legal world.

In Idaho, lovingly known as the Gem State, 'theft' isn't a clear-cut charge. In fact, it's a vast term that encompasses everything from pocketing a candy bar from a store to making off with someone's ride. The potential fallout varies too, from minor fines to serious time behind bars.

That's why it's crucial to understand exactly what charges you're up against. In this post, we're demystifying Idaho's different types of theft charges. We're breaking down each charge from petit theft to grand theft in an easy-to-understand way. No legal jargon, no confusion - promise!

But remember, this guide is just the beginning. Each legal case is as unique as the individual involved. If you're staring down theft charges, it's essential to connect with a skilled criminal defense attorney. They can provide you with expert advice tailored to your specific circumstances.

Ready to cut through the legal noise? Let's get started.

In Idaho, you could face a whopping NINE different categories of Grand Theft charges:

  1. Expensive Theft: If you nab items totaling over $1,000, that's grand theft, plain and simple.
  1. Deceptive Theft: Tricking someone to steal stuff worth over $1,000? Yep, that's grand theft too.
  1. Trust-Betraying Theft: If you're trusted with something, but you decide to keep it for yourself and it's worth over $1,000, you're looking at grand theft.
  1. Intimidating Theft: Scaring or threatening someone into surrendering their goods worth over $1,000 is grand theft.
  1. Stolen Goods Trade: Handling stuff you know (or should know) is stolen, hiding it, or reselling it, and it's worth over $1,000, that's grand theft.
  1. Unfulfilled-Promise Theft: Promising to do something in exchange for property, failing to deliver, and keeping the property (worth over $1,000) is grand theft.
  1. High-Value Item Theft: Some items are so valuable that stealing them amounts to grand theft regardless of their worth. This includes things like firearms, vehicles, checks, and credit cards.
  1. Employee Theft: If you're an employee stealing over $1,000 from your employer within a year, that's grand theft.
  1. Group Theft: Teaming up with others to steal, and collectively swiping over $1,000 worth of items within a year also falls under grand theft.

These are just the big leagues. If you're facing grand theft charges or have questions about any of these categories, get in touch with a lawyer ASAP. They can help you make sense of your situation and guide you on your next steps.

Here are some other theft-related charges to be aware of:


Imagine this: someone approaches you, uses force or threats, and takes your possessions. That's robbery in a nutshell. In Idaho, robbery isn't merely about the act of taking. It involves force, intimidation, or inducing fear. So, if someone threatens or uses physical force against you to take your belongings, that's a robbery. Penalties for robbery can be harsh, including potential life imprisonment depending on the severity. But don't stress if you're facing a robbery charge. There are possible defenses, such as mistaken identity, misunderstanding, or the lack of force or threat involved. It all boils down to the specifics of your case.

Possession of a Financial Transaction Card (Section 18-3125): 

Found yourself with a credit or debit card that isn't yours? If it's lost, stolen, or counterfeit, you're on thin ice. This is a felony charge and could land you in prison for up to 5 years and fines of up to $5,000. You could argue that you had no intention of using it as a defense.

Forgery (Section 18-3601):

Creating or changing a document with deceitful intentions? That's forgery. It's a felony that can result in up to 14 years in prison and fines up to $5,000. A possible defense could be that there was no intent to defraud.

Possession of Burglary Instruments:

Carrying tools commonly used for break-ins, like crowbars or lock picks, with the intention to commit burglary, can lead to charges. If you're caught, you could face up to a year in jail or fines up to $1,000, or even both. Potential defenses could be a legal reason for having these tools or lack of evidence of criminal intent.

Petit Theft (Section 18-2407):

Petit theft is the less severe sibling of grand theft. If you steal something worth $1,000 or less, you're committing petit theft. Penalties can include up to a year in jail and/or fines up to $1,000. Possible defenses include claiming the property was rightfully yours.

Willful Concealment (Section 18-2407):

Concealing items in a store signals an intention to steal and can result in a misdemeanor charge, punishable by up to 6 months in jail and/or fines of up to $1,000.

Burglary (Section 18-1401):

Contrary to popular belief, burglary isn't merely about breaking and entering. In Idaho, you can face a burglary charge just for entering a building, house, or vehicle with the intent to steal or commit a felony. You can be charged with burglary even without successfully stealing or committing a felony. The law focuses on your intent. Unlawfully entering any premises, locked or not, with criminal intent qualifies as burglary. Penalties for burglary in Idaho can reach up to 10 years in prison. But remember, there are defenses such as proving permission to enter or lack of intent to commit a crime.

Commercial Burglary:

This refers to burglary in a business setting. It's also a felony, with the same potential sentence of up to 10 years in prison. If the value of stolen goods is less than $300, it's a misdemeanor punishable by up to 6 months in jail and/or a fine of $1,000. Repeat offenses within 5 years can escalate the punishment.

Operating a Vehicle Without Owner's Consent (Section 49-227): 

Driving someone else's vehicle without their permission? That's a misdemeanor which can result in up to a year in jail and/or a fine of up to $1,000. A potential defense could be believing you had the owner's permission.

Unlawful Entry:

Entering someone's property, such as a house, car, or shed without permission is a misdemeanor punishable by up to 6 months of jail and/or a fine of up to $1,000.

While this list covers the major types of theft and theft-related charges in Idaho, it's not comprehensive. If you have specific questions or need advice, don't hesitate to reach out to Attorneys of Idaho. We're here to guide you every step of the way, and the first consultation is always on us! Don't hesitate to get the help you need.

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