What are the penalties for a felony in Idaho?

Felony penalties in Idaho range from 0–5 years for the lowest class to 5 years for the most serious. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Idaho have a speedy trial requirement?

Yes. Idaho requires trial within 180 days under certain conditions. Statutory period is six (6) months, not a fixed 180-day count: six (6) months from the date the information is filed, from arraignment before the court in which an indictment is found, or, for misdemeanors, from entry of a not-guilty plea. Does not apply where trial was postponed on the defendant's application. Remedy is dismissal unless good cause to the contrary is shown.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year). Misdemeanors carry county jail time (up to 1 year) [§ 18-113]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Idaho Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Idaho?

Yes, for eligible offenses [§ 67-3004 et seq.]. Waiting periods: 1 year for misdemeanors; 5 years for felonies (after completion of sentence). Withheld judgments eligible after probation completion.. Idaho uses both 'expungement' and 'set aside' processes. Withheld judgment followed by successful probation allows case dismissal. Expanded in recent years.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Idaho.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Idaho Criminal Process — Step by Step Your Rights in an Idaho Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Idaho classifies criminal offenses

Idaho divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class Standard felony felony: 0–5 years, up to $50,000 fine

Misdemeanor classifications §18-113

Class Standard misdemeanor: up to 12 months, $1,000 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §18-113	State prison (1 year or more)
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §67-3004 et seq.	Fewer offenses eligible §67-3004 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §19-603. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Idaho Constitution Art. I, § 6 guarantees right to bail. Bail set by magistrate or judge. No bail for capital offenses when proof is evident. §19-2901 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Idaho.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §19-2601, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Idaho has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed. Idaho State Public Defense Commission (est. 2014) oversees county-based indigent defense. Counties must comply with state standards.
Right to a speedy trial — Idaho provides a specific speedy trial deadline: 180 days. Statutory period is six (6) months, not a fixed 180-day count: six (6) months from the date the information is filed, from arraignment before the court in which an indictment is found, or, for misdemeanors, from entry of a not-guilty plea. Does not apply where trial was postponed on the defendant's application. Remedy is dismissal unless good cause to the contrary is shown.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Idaho: Felony: generally up to maximum term of imprisonment; Misdemeanor: up to 2 years §19-2601.

⚠Idaho has a habitual offender law §19-2514. Persistent violator: 2+ prior felony convictions. Minimum 5 years to life imprisonment on third felony conviction.

Clearing your record

Idaho does allow certain criminal records to be sealed or expunged §67-3004 et seq.. Waiting periods: 1 year for misdemeanors; 5 years for felonies (after completion of sentence). Withheld judgments eligible after probation completion.. Idaho uses both 'expungement' and 'set aside' processes. Withheld judgment followed by successful probation allows case dismissal. Expanded in recent years.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §37-2732. Marijuana possession: Misdemeanor (under 3 oz, first offense: up to 1 year/$1,000); Felony (over 3 oz or any subsequent offense).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §18-901 et seq.. Domestic violence offenses carry additional consequences including protective orders §18-918.

Theft and property crimes

Classification depends on the value of property taken §18-2407(1)(b). Felony threshold: $1,000 (grand theft, felony, §18-2407(1)(b)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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