Theft accounts for 41.19% of all crimes against property in Idaho. Cutler Law Office, P.A. offers an experienced theft lawyer taking cases in Rexburg to help you fight back against charges of theft, which can fall under:
- Theft of another person’s property without their consent
- Extortion, or forcing someone to give you money
- Embezzlement
- Many others ways
Your lawyer can help you understand the classification of the theft, such as petit theft or grand theft, and build a defense for your case. It’s our job – as your lawyer – to make sense of the charges against you and to apply the law and the facts to try to have your charges dismissed or lowered.
Every circumstance is unique, but it’s possible that a defense may include entrapment, return of property or a claim of right.
We’ll examine the evidence, and if there was an innocent mistake or evidence to support that you believe you have a claim to the property, it’s a defense that may work in your favor.
Call or contact us to speak to a theft lawyer about your case.
Idaho Theft Crime Facts and Statistics
Idaho’s larceny and theft offenses account for 41% of the 32,425 crimes against property, and the top stolen items are:
- $37.8 million in money
- $11.8 million in automobiles
- $4.1 million in other
- $3.8 million in trucks
- $2.2 million in jewelry and similar items
In Madison County, 142 larceny and theft offenses were reported and 42 of them were cleared in 2022.
Fear of reprisal causes many of the victims of household property thefts to remain silent, leading to far more thefts than is reported. It’s estimated that only 32.5% of these types of thefts are reported.
What are the Different Types of Theft Charges?
As your theft lawyer in Rexburg, it’s our goal to explain the types of theft charges you may be facing without the legal jargon. Your theft charges will fall into one of the following categories:
- Petit (Petty) theft: Idaho Code Section 18-2407 outlines petit theft as a misdemeanor. If the value of the theft is less than $1,000, it will often be a petit theft.
- Grand theft: A charge of grand theft is more serious and you’re facing a felony charge. You face fines and imprisonment, and the value of the theft is often $1,000 or higher.
Grand theft is a serious charge because a felony will stay on your record, and there are exceptions to the $1,000 value rule. For example, if any of the following occurs, it will be classified as grand theft:
- You steal firearms
- You go on a shoplifting spree with values totaling $1,000+ total
- Public record theft
- You steal a person’s credit or debit card
Identity theft, another rising crime, is also a grand theft that comes with serious consequences. Nearly 9% of people in the U.S. over the age of 16 have their identities stolen each year.
If your theft is considered as grand theft, it’s imperative that you begin working with a lawyer immediately because the penalties are stiff.
What are the Penalties for Different Types of Charges in Idaho?
Your case’s facts and circumstances will play a role in the penalties that you face. Building a strong defense may lead to lower penalties. The penalties you face are the following:
- Grand theft has fines of up to $5,000 and from 1 – 14 years in state prison. Parole or probation and being required to take anti-theft education or courses are possible.
- Grand theft involving livestock, if the value is more than $150, comes with a fine of no less than $1,000 but no more than $5,000. You also face imprisonment in the state penitentiary for 1 – 14 years.
- Grand theft through extortion charge is the most serious and comes with fines of up to $10,000. On top of your fine, you’ll be sentenced to state prison for no less than one year but no more than 20 years.
- Petty theft has fines of no more than $1,000 and no more than one year in county jail.
Grand theft and petty theft charges often require restitution, meaning that you will need to make the person whole again. Perhaps you stole a person’s vehicle and totaled it. You may be held responsible for the vehicle, meaning that you must replace the vehicle.
Collateral consequences also come from a conviction. You may have trouble gaining employment or even renting an apartment after a grand theft conviction.
Can I Get My Theft Charges Dismissed?
Depending on the circumstances of your case, a lawyer may be able to get your theft charges thrown out.
Charges may be dismissed if:
- Your Constitutional rights were violated during the arrest.
- Law enforcement conducted an unlawful search. In this case, the evidence may be inadmissible, and the prosecution may not have a strong enough case to pursue a conviction.
- There’s a claim of right, which means that you had a good faith belief that the property was yours or had a claim to the property. There must be evidence to support this claim.
Only the prosecutor, a judge, or a jury has the power to drop, dismiss, or acquit the criminal charges. Dismissals are rare, but your lawyer can advocate on your behalf for this outcome if it’s an option.
If the charges cannot be dismissed, a plea agreement may reduce the charges or sentence. A plea agreement can even keep criminal charges off of your record entirely.
Do I Need a Lawyer If I Am Facing Theft Charges?
In Idaho, theft crimes can come with hefty fines and potential jail time. A conviction can make it more difficult to get a job and affect your life in many other ways.
Now is not the time to navigate the legal system on your own.
An experienced theft lawyer in Rexburg will listen to your side of the story, build a case in your defense and help you achieve the best possible outcome. There’s a chance a lawyer can negotiate with prosecutors to reduce your charges or sentence. Depending on the circumstances of the case, your lawyer may be able to get the charges dismissed.
While you’re not required to have a lawyer, it’s in your best interest to hire one.
How a Theft Lawyer from Cutler Law Office Can Help You
If you’re facing theft charges, you may be feeling anxious, overwhelmed and worried about your future.
The state of Idaho takes theft crimes seriously and the consequences of a conviction are serious. An experienced theft lawyer in Rexburg, like attorney John Cutler of Cutler Law Office, P.A., can help you:
- Understand the charges and your legal options
- Protect your Constitutional rights
- Fight for the best possible outcome in your case
- Represent you in court if your case goes to trial
- Help you prepare for the consequences if a conviction is inevitable
The first step is to gather all of the facts and analyze the evidence against you to find the best defense. There may not even be sufficient evidence to convict. If the arrest was unlawful or your rights were violated, the charges may be dropped.
A lawyer can also negotiate a plea deal to reduce the charges or sentence.
Theft crimes have serious consequences. Having the right lawyer on your side can make all the difference in your outcome.
Attorney John Cutler has experience defending clients facing theft charges. For more than 30 years, Mr. Cutler has been fighting for his clients to protect their rights, their futures and their freedom.
Contact Cutler Law Office today to schedule a consultation. Our firm helps clients in Rexburg and surrounding cities, including Arco, Blackfoot, Rigby, St. Anthony, Idaho Falls, and Island Park.
