Boise Burglary Lawyer

In the state of Idaho, burglary is considered a felony offence, and you may find yourself facing some serious jail time if you are convicted. It is imperative that you have experienced, qualified legal advice on your side, to help ensure that you can move forward with the best chance of preserving your freedom.

What Is Burglary?

Idaho legislation defines burglary as entering any property with the intent to commit a theft crime, or any felony therein. If you are convicted, not only do you face between one and ten years in jail, but the conviction will remain on your record for years to come, and this can have a significant impact on your future prospects and potential – you may be barred from certain jobs, blocked from financial assistance, and even risk losing your home or property.

The notion of “intent” is one of the most important elements in a burglary conviction; in order to be found guilty, it must be proven that the intent to commit the crime of theft, or any felony, must have existed at the time of entry into the property. If the intent was formed after entry, you cannot be convicted of burglary. In addition, the entry does not need to include force to be counted as burglary.

It should also be noted that burglary does not automatically equate to theft; entering the location with the intent to commit another crime, such as a sex crime, drug offense or assault, may also be counted as burglary for the purposes of conviction.

What Are The Punishments For Burglary?

As burglary is considered a felony in Idaho, the punishments are more severe than those found in other states. There are a number of factors which can determine the “severity” of the offence, and these may include:

How did the person gain entry to the property?
Was anything destroyed or property damaged?
Was anyone present at the time of the burglary?
Was violence, or threats of violence used to commit the burglary?
Were any weapons involved?

In addition, the nature of the punishment can be impacted by the previous record of the offender; any repeat or habitual offenders can expect a harsher sentence. Depending on the nature of the offense, the judge may choose to impose one of the following types of punishment:

In addition, alternative sentences may be imposed, if the judge and courts deem this to be suitable for the unique needs and circumstances of the offender – often if this is a first offence, or the offender in question is a juvenile, and under the age of 18. Punishments here may include community service, a work release program, a fine, house arrest, or mandatory counseling or rehabilitation.

What Are Your Next Steps?

In most felony cases, the judge will determine an underlying sentence, which will be comprised of two sections – a fixed portion – this must be served before the person is eligible for parole – and an indeterminate portion – this is the length of time for which a person could
continue to be held if parole is denied. As an example, a judge may grant a sentence of four years fixed plus three years indeterminate – the defendant must serve four years before applying for parole, plus another three maximum if parole is not granted.

Once the underlying sentence has been determined, the judge can select one of three options:
suspend the sentence, and place the defendant on probation, send the defendant directly to
jail to begin their sentence, or impose a prison sentence of under a year to undergo a specific
treatment program, using their response to determine the next part of the punishment.

Can I Offer Any Defense Against A Burglary Charge?

As we have seen, finding yourself saddled with a burglary charge on your record can have a detrimental impact on your life – you may find yourself unable to work or pursue certain professions, lose your reputation and good standing, face damaged relationships, and may even lose your liberty. The most important tool to have on your side is of course a qualified, experienced attorney, but it is also a good idea to be aware of the defenses which may be available to you. These include;

Intoxication

In order to be convicted of burglary, it must be proven that you had intent to commit the crime - without this factor, you cannot be charged with the offense. If you are under the influence of drugs and alcohol at the time of the crime, it can be argued that you did not have the capacity or ability for intent, and this can be a defense.