Addressing Both Misdemeanor and Felony Theft Charges
Theft crimes aren’t always obvious. In some cases, the defendant may not have realized they were taking another person’s property, and these situations can be far more complex than they first appear. If you’ve been charged with theft in Boise, our criminal defense attorneys are here to help. Contact John Malek Law Group at 208-747-0053 to discuss your case.
What Is the Legal Definition of Theft?
Idaho Code § 18-2403 defines theft as the wrongful taking, obtaining, or withholding of another person’s property with the “intent to deprive” the owner of that property. Many people think of theft as physically taking an item from someone, but Idaho law has a much broader definition. You can be charged with theft through extortion, embezzlement, or false promise. You can also face charges for “acquiring lost property” or receiving stolen goods.
Generally, the law requires someone to have acted intentionally to be charged with theft. For example, if you are charged with theft by acquiring lost property, you must have known that the item was lost or mislaid. If you legitimately thought the item was for you, this can be a valid defense.
Theft charges can be more complex than they initially appear. Many people think that a misdemeanor theft charge is “no big deal” and isn’t something they need an attorney for. Those people are wrong. A theft charge can result in serious consequences and have a long-term impact on your future, so it should always be handled by a qualified attorney.
Is Theft a Misdemeanor or Felony Charge?
In Idaho, theft crime charges are divided into two categories: grand theft and petit theft (also sometimes called petty theft). What specific act you are charged with depends on the circumstances of the case and the value of the property.
Theft that involves extortion based on fear of physical injury, damage to property, or potential misuse of a public servant’s authority is always grand theft, which is a felony. This is true regardless of the property’s value. If the property was a public record, bank information, or a firearm, the charge is also generally grand theft irrespective of value. Any property that is valued at more than $1,000 can be charged as grand theft.
If the property is valued at $1,000 or less, the charge is generally petit theft and is classified as a misdemeanor. However, there are also some specific cases outlined in the law where grand theft applies, such as in certain situations with livestock or multiple thefts that are deemed part of a “criminal episode.”
Talking with an attorney can ensure you understand precisely what the charges are and whether there are any extenuating circumstances that could result in a felony enhancement.
What Happens After You’re Arrested on Criminal Charges?
Being arrested is just the first step in the process of facing charges in the criminal justice system. Depending on your charges, you will likely be taken to be booked at the local police department or Ada County Jail. From there, the next step is arraignment, which is when you hear the formal charges against you and enter your plea. At this point, you may also find out if you are able to be released pending the next hearing or if you will be detained. An attorney can play a key role in arguing for your release or being allowed bail so that you can go home to your family.
At some point during this process, it’s common for investigators to attempt to interview you, but it’s crucial for your defense that you state that you want to talk to an attorney and to refuse to answer any questions until you do. The prosecution’s case often hinges on the defendant inadvertently saying something incriminating during these interviews, and having an attorney present minimizes this risk.
How Can You Protect Your Rights and Defend Yourself Against Theft Charges?
Avoiding a theft crime conviction often comes down to having the right legal representation and avoiding common mistakes early on. Knowing your rights and exercising them is one of the most important things you can do for your case. This includes exercising our right to remain silent and your right to legal counsel.
It’s common to want to explain what happened or provide some context or justification, but it’s true that anything you say can and will be used against you in the legal system. Hiring an attorney in the earliest stages of your case makes it easier for them to preserve crucial evidence, identify any procedural issues or rights violations, and create an appropriate legal strategy for your case.
When Should You Contact a Theft Lawyer?
It’s never too early to contact an attorney if you have been accused of theft. Whether you’re already facing criminal charges or the case is still in the investigation phase, an attorney provides critical legal counsel that can help you protect your rights and potentially avoid a conviction on your criminal record.
If you have questions about your case, contact the Boise law firm of John Malek Law Group at 208-747-0053 to schedule a free consultation. This is one focus area within our Boise criminal defense practice.
