What Is a Third-Degree Felony in Idaho?

Idaho does not classify felonies into degrees or classes based on severity or penalties. Per Section 18-112 of the Idaho Code, a felony is generally punishable by a maximum of five years in jail, except in cases where the statutes impose a separate punishment. In the context of this guide, the term “third-degree felony will refer to the least severe felonies that carry the lightest sentences. Examples of such crimes include arson, petit theft, stalking, and forgery.

Under the state statutes, felony penalties become more or less severe depending on the circumstances surrounding the criminal incident. For instance, a third conviction for a felony carries a minimum of five years in jail. Felony crimes in which the offender used a gun may attract an extra 15 years' jail term along with the statutory penalty.

Common Offenses That Fall Under Third-Degree Felony Charges

In Idaho, types of crimes that are referred to as the least severe felonies include the following:

• Burglary: A person commits burglary if such person enters a building or structure with the intent to commit any theft or felony. Section 18-1401.
• Forgery: Per Section 18-3602, a person commits forgery if such person falsely makes or alters a document with the intent to defraud a person or entity.
• Arson in the third degree: A person commits arson in the third degree if such person sets fire to or causes an explosion on any forest land or another’s property. Section 18-804.

Penalties and Sentencing for Third-Degree Felonies in Idaho

Typically, persons convicted of the least severe penalties may be sentenced to between one year and fifteen years imprisonment. In addition, the state may impose fines up to $50,000 along with the sentence.

Idaho has some of the most flexible penalties, as the circumstance of the incident determines the imposed penalties. For instance, persons convicted of third-degree arson are likely to get a minimum of five years if they have two or more convictions for the offense. Other factors that might increase penalties include the following:

• The use of a deadly weapon, such as a gun.
• The criminal incident involved the intentional or reckless infliction of bodily injury to another.

Will You Go to Jail for a Third-Degree Felony in Idaho?

Yes, you may face jail time for third-degree felonies in Idaho. The state statute expressly classifies all felony offenses as those that are punishable by one year or more.

Nevertheless, the convicting court may impose alternative sentencing in the form of probation to eligible defendants. The court may determine if you’re eligible for probation by considering these factors:

• The number of prior convictions.
• Use of a deadly weapon during the act.
• The crime’s impact on lives and properties.

How Long Does a Third-Degree Felony Stay on Your Record?

Third-degree felonies remain on record indefinitely. The records are also publicly visible to all interested parties. Since the records are public, record subjects may face lasting and severe impacts on their personal, financial, and social lives.

For instance, they may face ostracization or discrimination during job applications and housing. Landlords may refuse to rent out or sell properties to persons with a criminal conviction. The state statutes also prevent convicted sex offenders from living near schools or children play parks.

Offenders also face possible visa rejections as a result of their criminal background. Another example is the loss of civil rights, such as the right to vote or to bear arms.

Note: offenders may get relief in the form of record sealing or case dismissal.

Can a Third-Degree Felony Be Sealed or Expunged in Idaho?

In Idaho, you may seal or expunge felony records, provided you meet the legal requirement. Note that expungement is the total erasure of a public record, while record sealing only prevents unauthorized access to public records.

You can only expunge non-conviction records in Idaho. The state allows expungement if it has been more than one year since you were arrested or served a criminal summons but were not charged in court.

On the other hand, the state’s Clean Record Act allows you to seal specific drug-related felonies. Sex-related crimes and crimes of violence are not eligible for sealing under this law.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

In Idaho, third-degree felonies are the least severe in comparison to first- and second-degree felonies. Crimes under this category often lack the premeditation or intent to cause death or severe bodily injury to another. In another, these crimes have a smaller impact than more severe felonies.

Third-degree felonies also carry the lightest penalties. Offenders may spend between one and 15 years for such felonies. In contrast, life imprisonment or the death penalty is the maximum penalty for the most severe

How to Look Up Third-Degree Felony Records in Idaho

Public members can look up and access third-degree felony records by using resources provided by government entities. These entities are often responsible for generating and maintaining records of cases handed in the judicial system.

At the state level, the Idaho iCourt offers statewide access to court records, such as case summaries, dockets, and case files. You may look up records on the platform via these steps:

1. Visit the iCourt platform.
2. Click on the dropdown menu and select the county where the case occurred.
3. Choose “Record Search” in the “Service” dropdown menu.
4. Click on the “Search” button.
5. Select “Smart Search” on the subsequent page.
6. Fill out relevant information.
7. Click “Submit” to generate search results.

On the other hand, the Idaho district courts are the official record custodians of most felony records. Thus, inquirers must direct their record requests to these entities. The courts may allow mail-in or in-person access to records in their custody.

Probation and Parole for Third-Degree Felony Offenders

In Idaho an offender may become eligible for parole after completing the specific length of incarceration set by the court. Note that the Parole Board has the sole right to determine whether to grant probation or not.

Idaho courts may impose probation for third-degree felonies as an alternative to a prison sentence. The probation may have requirements, such as fine payments or supervised visits to a probation officer. Offenders will get the conviction dismissed after fulfilling the probation conditions.