If you have been charged with Grand Theft it is important that you understand the charges against you and what your legal rights are. Idaho's theft laws can be complex and severe. You should not try to take on the criminal justice system on your own.
Felony Grand Theft
What Is "Theft" Under Idaho Law?
In the State of Idaho, Theft is defined in Idaho Code §18-2403 as:
A person steals property and 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 an owner thereof.
Modes of Theft Under Idaho Law
The definition of "Theft" above is very broad and filled with grey area. In order to clear up any confusion the Idaho Code defines several actions that should be included as Theft under the definition:
What is Grand Theft?
Under Idaho Law, theft crimes are divided into two categories: Grand Theft and Petit Theft (or Petty Theft). Grand Theft is the more severe of these two classifications and is a felony offense. Section 18-2407 of the Idaho Code defines which theft offenses should be Grand Theft and which should be Petit Theft. While the list of theft offenses is long, for the most part Grand Theft is defined by the value (or potential value) of the property stolen or the type of property stolen.
While value and property type cover most of the circumstances defined as Grand Theft under certain circumstances the nature and value of the property does not matter. Under subsection (1)(a) of the statute:
A person is guilty of grand theft when he commits a theft as defined in this chapter and when the property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will:1. Cause physical injury to some person in the future; or2. Cause damage to property; or3. Use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.The property, regardless of its nature or value, is taken from the person of another;
Grand Theft Punishment In Idaho
All Grand Theft charges are felonies and can lead to severe penalties. Idaho Code §18-2408 outlines the potential penalties.
However, the punishment assigned by the court for a Grand Theft Conviction may just be the beginning
The negative effects of a Grand Theft conviction do not stop after you leave the courtroom, they can have serious short and long term consequences beyond those punishments ordered by the court, potentially affecting your employment, personal relationships, and reputation.
Grand Theft is considered a "crime of moral turpitude"
A conviction can be particularly harmful in terms of:
- Maintaining current employment,
- Gaining future employment,
- State licensing,
- Obtaining professional licenses and certifications,
- Federal Student Loans for education,
- and other benefits.
The conviction will appear on any 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.
Grand Theft Of Livestock
This is a felony punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). The $1,000 minimum fine cannot be suspended or withheld. The person convicted of the offense may also be imprisoned in the state prison for not less than one (1) year nor more than fourteen (14) years. That means the person convicted will serve at least one year in prison, and possibly more. In addition, the court can assess civil damages, as provided in Section 25-1910 of the Idaho Code.
Fight Your Idaho Grand Theft Case
Do not let a Grand Theft conviction follow you around for the rest of your life. Let me fight to keep you out of jail and keep a theft conviction off your record.
An experienced Idaho Grand Theft attorney can fight the charge and potentially have the charge reduced or dismissed. Every Grand Theft case is different and the attorneys at William Young and Associates scrutinize the facts of every case to assert the best possible defense.
Even if the evidence is overwhelming, we can fight to try and get the charge reduced or limit the punishment to community service and/or probation.
Contact us today about your Grand Theft case
Do not fight the system on your own, you have too much on the line. Protect your rights and your freedom. Call William Young and Associates today for a free consultation.