Arrested for Theft or Burglary in Kootenai County? We’re Ready to Defend You.
A theft or burglary charge in Idaho can lead to jail, fines, and a permanent record. Whether you’re facing petty theft or felony burglary, you need a seasoned defense attorney on your side.
Arrested for Theft or Burglary in Idaho? We Can Help.
A theft or burglary charge in Idaho can lead to jail time, steep fines, a permanent criminal record, and serious consequences for your future. Whether you’re accused of shoplifting or a felony break-in, you need an experienced defense attorney who knows how to fight back.
At The Law Office of Dustin R. Marcello, we defend people accused of all types of theft crimes in Kootenai County, including Coeur d’Alene, Post Falls, Hayden, and Rathdrum. Call (208) 444-4404 today for a free and confidential consultation.
Theft Crimes Under Idaho Law
Theft is defined under Idaho Code § 18-2403 as the unlawful taking or control of someone else’s property, with the intent to deprive them of it permanently. It can include shoplifting, identity theft, embezzlement, and much more.
Common Theft Offenses in Idaho
Petty Theft – Idaho Code § 18-2407(2):
- Applies to property worth less than $1,000
- Misdemeanor offense
- Penalties: Up to 1 year in jail and $1,000 in fines
Grand Theft – Idaho Code § 18-2407(1):
- Property over $1,000 or includes a firearm, credit card, or livestock
- Felony offense
- Penalties: Up to 14 years in prison and $5,000 in fines
Embezzlement / Fraud-Based Theft:
- Theft from an employer, government entity, or through deception
- Charged as grand theft in most cases
- Often includes restitution and financial tracking investigations
Identity Theft – Idaho Code § 18-3126:
- Using or possessing someone else’s personal information without consent
- Felony offense
- Penalties: Up to 5 years in prison and $25,000 in fines
Burglary Charges in Idaho – Idaho Code § 18-1401:
- Always charged as a felony
- Up to 10 years in prison
- Can be charged even if nothing was taken
Example: If you enter a garage planning to steal tools but leave empty-handed, it can still be prosecuted as burglary.
Idaho Theft & Burglary Penalties Overview
| Charge | Classification | Maximum Penalty |
|---|---|---|
| Petty Theft | Misdemeanor | 1 year jail, $1,000 fine |
| Grand Theft | Felony | 14 years prison, $5,000 fine |
| Burglary | Felony | 10 years prison |
| Identity Theft | Felony | 5 years prison, $25,000 fine |
Defenses to Theft and Burglary Charges
- No intent to steal – You believed you had a right to the item
- Mistaken identity – You were misidentified or falsely accused
- Consent – The property owner allowed or implied permission
- Lack of entry intent – In burglary cases, no intent at the time of entry
- Insufficient evidence – Prosecutors must prove guilt beyond a reasonable doubt
Why Clients Trust Our Firm
- Decades of criminal defense experience
- In-depth knowledge of North Idaho courts and procedures
- Personalized attention and communication
- Results-driven, trial-ready defense strategy
Frequently Asked Questions
Question: Will I go to jail for petty theft?
Answer: Not necessarily. First-time offenders often qualify for diversion or probation, especially with strong legal representation.
Question: Is burglary a more serious charge than theft?
Answer: Yes. Burglary is always a felony, even if no theft actually occurred, because it involves criminal intent at the time of entry.
Question: Can a theft charge be dismissed or sealed?
Answer: In some cases, yes. After probation or a deferred sentence, you may qualify for expungement or dismissal.
Contact an Idaho Theft and Burglary Defense Lawyer Today
You don't have to face this alone.
A theft or burglary charge can disrupt your life—but it doesn’t have to define your future.
Call (208) 444-4404 or click the button below to get a free consultation with attorney Dustin R. Marcello.