Understanding Misdemeanors in Idaho

Crimes in Idaho are categorized by severity, including infractions, misdemeanors, and felonies. Misdemeanors occupy the middle ground, being more serious than infractions (minor civil offenses) but less serious than felonies (the most severe crimes). Nonetheless, they carry significant implications for offenders, including potential fines and court costs, jail time, restitution, and other court-imposed penalties, as well as collateral effects on the offender's social standing or quality of life.

Compared to some other states, Idaho does not subdivide misdemeanors into different classes, degrees, or levels to indicate seriousness; instead, the state utilizes a general "misdemeanor" designation.

Examples of Misdemeanors in Idaho

Numerous offenses are classified as misdemeanors in Idaho, with their exact definitions and associated penalties varying significantly. The following are some common examples:

• Petit theft
• Domestic assault and battery
• Driving under the influence/DUI (1st or 2nd offense)
• Simple assault or battery
• Disorderly conduct
• Minor possession

All legal proceedings stemming from misdemeanor charges in Idaho are documented as part of the Idaho criminal court records.

Penalties for a Misdemeanor in Idaho

According to Section 18-113 of the Idaho Code, individuals convicted of a misdemeanor offense in Idaho often face the following penalties:

• A county jail term not exceeding 6 months;
• A fine not exceeding $1,000; or
• Both.

Notwithstanding these standard penalties, the law may stipulate different or more severe punishments, particularly when aggravating factors are present. A case in point is a DUI offense, for which the fine and jail term double upon a second conviction within 10 years of the first. Similarly, a battery offense carries an elevated jail term if the batterer knew the victim was pregnant at the time.

In addition to fines and jail sentences, Idaho courts may impose restitution, community service, probation, or other alternative sentences, depending on the specific facts and circumstances of each case.

Probation and Alternative Sentencing Options in Idaho

Alternative sentencing in Idaho provides an option for offenders to be held accountable without necessarily serving a jail sentence. These sentences are assessed at the court's discretion on a case-by-case basis, taking into account factors like the defendant's character and record, statutory eligibility, the specifics of the case, recommendations from prosecuting attorneys, and the likelihood of rehabilitation. The core objective is to prevent incarceration (which helps reduce jail population and costs) while also facilitating the offender's rehabilitation.

For misdemeanants, Idaho judges may impose alternative sentencing, though this is often reserved for first-time or low-risk offenders. As outlined in IC § 19-2601, after a person pleads guilty or is found guilty of a misdemeanor offense, the judge may place them on probation. This may be achieved by either:

1. Withholding Judgment: Delaying a formal entry of conviction) or
2. Suspending the Sentence: Entering a conviction but suspending its execution

The maximum probation term in Idaho is 2 years, unless extended by the court. Conditions may include community service, electronic monitoring, participation in treatment programs, victim restitution, or other requirements.

Beyond court-ordered probation, some defendants may be referred to diversion programs administered by prosecuting attorneys' offices, as per IC § 19-3509. These voluntary programs are generally recommended for juveniles facing minor, first-time offenses and serve as an alternative before conviction (or alternative to prosecution). By completing specified conditions, such as education or treatment, the offender avoids the filing of formal charges for the crime and therefore will not have a formal court record.

Can a Misdemeanor Be Expunged or Sealed in Idaho?

Yes. There are two primary ways to expunge or seal a misdemeanor in Idaho, depending on the result of the case.

• Charges Resulting in an Acquittal or Dismissal: Individuals may apply to the Idaho State Police under IC § 67-3004 (10) to have their fingerprints and criminal history record connected with the incident expunged. They may also apply to the presiding court to have the official court file sealed, although such relief is discretionary. This remedy does not apply to dismissals granted under IC § 19-2604 (1) (i.e., dismissals following completion of probation under a suspended sentence or withheld judgment)
• Charges Ending in a Conviction:Idaho's Clean Slate Act allows individuals convicted of an eligible misdemeanor offense to shield their records from public disclosure. In Idaho, shielding is a once-in-a-lifetime provision. Additionally, it is strictly limited to non-violent, non-assaultive offenses (IC § 67-3004(11)(a)-(c)).
  Eligible offenders may apply to the presiding district court (where the conviction occurred) by completing a Petition to Shield Records from Public Disclosure.

Shielding, sealing, and expungement are all distinct remedies provided by the State of Idaho to reduce the repercussions of a criminal record. These remove public access to the affected record(s), allowing the subjects to gain a fresh start on life.

Long-Term Consequences of a Misdemeanor Conviction

For each misdemeanor offense perpetrated in Idaho, there are collateral consequences that arise upon conviction, in addition to the standard legal penalties, such as imprisonment, probation, or fines. These consequences may substantially impact the offender's life, affecting their access to employment, housing, and educational opportunities, as well as certain government benefits. Other potential repercussions may include:

• Deportation
• Loss of child custody rights
• Revocation of occupational and driver's licenses
• Loss of the right to possess firearms
• Recording of the conviction in state and public criminal history databases

The specific collateral consequences will vary from case to case.

What to Do if You’re Charged with a Misdemeanor in Idaho

As an initial step after being informed of a misdemeanor charge in Idaho, the accused individual is strongly advised to consult an experienced criminal defense attorney. Although misdemeanors are less severe than felonies, they carry profound legal, administrative, collateral, and personal implications that may adversely affect the charged individual's life. Understanding the nature of the charges, one's available legal options or rights, the judicial process, and applicable laws is therefore crucial.

Besides seeking legal counsel, it is essential to gather all relevant documentation that may support a defense and comply with all court orders or court-imposed conditions, including attending all scheduled court hearings. Failure to appear may result in additional penalties, including new charges, bench warrants, or fines, as outlined in Idaho Misdemeanor Criminal Rule (I.M.C.R.) 11 and IC § 19-3901A.

Statute of Limitations for Misdemeanors in Idaho

The statute of limitations in Idaho describes the time period within which the state (through a prosecuting attorney) may bring criminal charges (file a complaint) against an alleged offender. According to IC § 19-403, the standard misdemeanor statute of limitations is one year from the time the crime was committed. However, Idaho law specifies several exceptions to this standard timeframe, as seen in the table below: