Idaho Commercial Burglary

Any person who commits a burglary with the intent to commit theft, and the theft is from a commercial retailer during business hours, and the amount of the theft is under three hundred dollars ($300) is guilty of commercial burglary.

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What is Commercial Burglary?

According to the Idaho Code (see: Commercial Burglary Definition), there are 4 key elements to a charge of commercial burglary in Idaho:

• Commission of a burglary* (with the intent to commit theft)
• From a commercial retailer
• During business hours
• The amount of the theft is under $300

*The definition of "Burglary" can be found here: Burglary Defined.

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Misdemeanor Commercial Burglary

Any person who pleads guilty to, or is found guilty of, Commercial Burglary in Idaho for the first or second time is guilty of a misdemeanor.

Punishment For Misdemeanor Commercial Burglary

Any person who pleads guilty to, or is found guilty of, a violation of this section may be sentenced to a jail sentence not to exceed six (6) months, a fine of one thousand dollars ($1,000), or both.

Punishment for a Second Misdemeanor Commercial Burglary

Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, a violation of the provisions of this section within five (5) years is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed one (1) year, a fine of two thousand dollars ($2,000), or both.

Felony Commercial Burglary

Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, two (2) or more violations of the provisions of this section within five (5) years, notwithstanding the form of the judgments or withheld judgments, shall be guilty of a felony.

Commercial Burglary vs Petit Theft and Shoplifting

You may have noticed that Commercial Burglary and Petit Theft (Petty Theft) or Shoplifting share a very similar definition. The basic difference between the two is intent when you enter the store. Burglary is entering an establishment with the intent to commit a theft offense therein. Petit Theft may occur out of impulse rather than premeditation. If the evidence indicates that you intended to commit a crime when you entered a retailer then you are likely to be charged with Commercial Burglary rather that Petit Theft.

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Contact Our Skilled Commercial Burglary Attorneys For Your Case 

If you or a loved one is charged with Commercial Burglary in Idaho, contact Schofield and Young. We are happy to have a discussion about the case and answer your questions.

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