Idaho Property Crimes | Schofield and Young

Property Crimes
Property crimes in Idaho involve unlawful theft, damage, destruction, or interference with a person's property. There is no violence used or threatened. The term “property crimes” encompasses a range of offenses ranging from the more minor, such as trespassing, to serious crimes such as arson.
At Schofield and Young, we have successfully defended many Idaho property crimes. Call (208) 344-0128 to schedule a Free Consultation and learn how we can help you fight the charges you're facing.
Theft Crimes
Pursuant to the Idaho Law (Idaho Code §18-2403), a "Theft" occurs when: 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. The potential sentences for theft vary widely based on the type and value of the property taken. There are a variety of theft related crimes under Idaho Law:
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).
Grand Theft
Under 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 or a series of thefts that when added together exceed a value of $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.
Under Idaho Code §18-2408 Grand Theft is a felony, punishable by a fine of $5000 and up to 14 years in the state penitentiary.
Shoplifting
Under 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.
Willful Concealment
Under 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.
Burglary
Under 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!
Commercial Burglary
This is a misdemeanor version of the Burglary statute. It involves entering a business with the intent to commit a theft of $300 or less.
Robbery
Under 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.
Trespassing
Trespassing involves entering someone's property without their permission. It is different from burglary in that the defendant has no intent to commit a crime when they enter the property.
Vandalism (Malicious Injury To Property)
A defendant commits vandalism by destroying or damaging someone's property without their permission. Examples of vandalism include graffitiing, keying a car, or knocking down a street sign. Theft
Arson
Usually charged as a felony, arson is a serious offense that involves intentionally burning a building, structure, or forest land. The penalties for arson increase significantly if the premises were occupied at the time, or if anyone was injured or killed as a result of the fire.

Property Crime Defenses in Idaho
Depending on the circumstances of the allegations, there can be several defenses available to defendants in Ada County charged with property crimes. Common defenses include mistake, necessity, and coercion.
Mistake
If a defendant holds a genuine but mistaken belief as to the facts when they commit the act, they may not be guilty. This is because the defendant doesn't have the intention required to prove most property crimes, and so they cannot be held criminally liable.
For example, if a defendant takes another person's bike from a bike rack outside their apartment building because it looks almost identical to theirs, they may be able to argue the defense of mistake of fact.
Public or Private Necessity
Necessity is a common defense to property crimes for situations where the defendant interfered with the property in an emergency. If the defendant needed to interfere with the property to prevent greater harm to the community (public necessity) or themself (private necessity), then they are not criminally liable for the act.
For example, if a passerby sees a fire inside a closed shop and breaks a window to extinguish the fire, they may not be criminally responsible for the damage to the window based on public necessity.
Coercion
Where a defendant commits a property crime as a direct result of immediate threats or force such as blackmail, they may be able to argue coercion. If successful, they cannot be held criminally responsible for the crime as they did not act voluntarily.
Speak to a Property Crime Attorney in Idaho Today
If you are facing charges of a property crime, it's imperative you speak to an experienced criminal defense attorney immediately. At Schofield and Young, we have the expertise and experience to craft a defense to get you the best-possible outcome. Call (208) 344-0128 or fill out an online form today to schedule a Free Consultation.