Here is a brief primer to help clear up some of the mystery. It explains what types of crimes constitute misdemeanors in Idaho and the punishments imposed for a conviction.
Classification of Crimes
Distilled to its simplest terms, a misdemeanor in Idaho is any criminal offense that carries a punishment of up to one year in jail and a fine of up to $1,000, or both. In contrast, a felony conviction carries penalties of incarceration for over one year and higher fines. There are also crimes classified as infractions, which are civil offenses; they usually carry fines but no incarceration. It should also be noted that some misdemeanor convictions may result in enhanced penalties depending on their nature and the prior criminal history of the person convicted.
Common Misdemeanor Crimes
Here are some of the most frequently charged misdemeanor offenses in Idaho:
1. Driving Under the Influence (DUI): First and Second Offenses
A first-time DUI in Idaho is a misdemeanor unless certain aggravating factors are present. Technically, a DUI requires that the driver have a Blood Alcohol Concentration (BAC) of 0.08 or more. For drivers under age 21, the limit is 0.02. However, a DUI can also be charged for other drug impairments or lower BAC limits if the driver exhibits impaired driving behavior or fails other sobriety tests. Penalties can include:
- Up to 6 months in jail
- A fine of up to $1,000
- Driver's license suspension (90–180 days)
- Mandatory alcohol education or treatment
A second DUI within 10 years is still a misdemeanor but carries increased jail time, fines, and license suspension. A third DUI within 10 years is a felony.
2. Possession of Marijuana (Under 3 Ounces)
Possessing less than 3 ounces of marijuana is a misdemeanor in Idaho. Note that possession is the crime whether or not you have used the drug or it belongs to you. Possession may include situations in which it is found in your vehicle or home, or if you are with a group of people where the drug is present and you have the knowledge and ability to control it. Penalties include:
- Up to 1 year in jail
- Up to $1,000 in fines
Possession of more than 3 ounces of marijuana and possession of other controlled substances are felonies.
3. Battery and Assault
Simple assault (creating an imminent fear of harm to another person) and battery (unwanted physical contact, whether or not it results in physical injury) are both misdemeanors. Note that even though one often hears the term "assault and battery" as if it is one thing, each is a separate crime and may be charged separately. In other words, assault by itself may be charged, even if an individual never proceeds to commit "battery." Penalties may include:
- Up to 6 months in jail
- Up to $1,000 in fines
- Probation or anger management classes
Domestic battery, even as a first offense, is also a misdemeanor but carries stricter consequences, especially in cases of repeat charges, and can affect your legal right to own a firearm.
4. Petty Theft
Theft of property (or cash) valued at under $1,000 is typically charged as a misdemeanor and carries penalties of:
- Up to 1 year in jail
- Up to $1,000 in fines
- Restitution to the victim
Repeat offenses may be charged more harshly, and theft of any property valued at greater than $1,000 constitutes the felony called grand theft.
5. Disorderly Conduct
Disorderly conduct is broadly defined and can include behaviors such as public intoxication, fighting, disturbing the peace, or using offensive language in public places. Penalties may include:
- Up to 6 months in jail
- Up to $1,000 in fines
6. Driving Without a License or With a Suspended License
Operating a vehicle without a valid license or with a suspended license is a misdemeanor. Penalties vary, but may include:
- Jail time (especially for repeat offenses)
- Additional license suspension
- Fines
If You've Been Charged with a Misdemeanor, Retain a Lawyer
If you get charged with a misdemeanor, don't be misled by the perception that these are "minor offenses." As you can see above, misdemeanors can easily lead to jail time, loss of driving privileges, a criminal record, and financial impacts. Every one of those scenarios can cause serious personal or professional consequences, including
- Loss of your job
- A strain on family and personal relationships that can result in divorce or other ruptures
- A drain on your bank account
- Loss of a professional license
- Public service commitments and other limitations on your time or travel
- Humiliation, shame, depression, or other psychological impacts
- A criminal record that can affect future employment, housing, and gun rights, impacting your life for many years or permanently
Sullivan Law Office specializes in defending clients from criminal charges, including the misdemeanors noted above. If you're facing criminal charges in Idaho, working with a knowledgeable attorney to represent your interests is the best way to come out the other side of your ordeal successfully. The earlier you retain an attorney to obtain advice and representation, the better your chances are of protecting critical rights you may be jeopardizing without knowing it.
Your defense attorney can explain your rights, provide advice, and work to negotiate a plea, seek a diversion program, or challenge the charge in court. Whatever your case requires, you can rely on Sullivan Law Office to advocate for you and work to obtain the best possible outcome. If you or someone close to you has been arrested for a misdemeanor, even if charges have not yet been brought, contact Sullivan Law Office, PLLC as soon as possible.
This blog is intended to provide general legal information and should not be regarded as legal advice for any specific individual or situation.