How Idaho Classifies Felonies
Idaho does not use a letter or number grading system for felonies like some states. Instead, each felony offense in Idaho carries its own specific penalty range as defined by the statute that creates the crime. This means the potential punishment for a felony conviction in Idaho depends entirely on the specific charge.
However, all felonies in Idaho share one common characteristic: they are crimes punishable by imprisonment in the Idaho State Correctional Institution (state prison) for a term that may exceed one year. If a crime carries a maximum sentence of one year or less, it is a misdemeanor.
Common Felony Charges in Idaho
Some of the most common felony charges handled by criminal defense attorneys in the Treasure Valley include:
- Drug offenses: Trafficking, possession with intent to deliver, and manufacturing carry felony penalties under Idaho Code § 37-2732.
- DUI (third offense): A third DUI conviction within ten years is automatically charged as a felony under Idaho Code § 18-8005(6), carrying up to ten years in prison.
- Assault and battery: Aggravated assault and aggravated battery are felonies that can carry sentences of up to fifteen years or more.
- Domestic violence: Felony domestic violence charges apply when the offense involves a traumatic injury or when the defendant has prior domestic violence convictions.
- Sex crimes: Most sex crime charges in Idaho are felonies with severe penalties and lifetime registration requirements.
The Felony Criminal Process in Idaho
The felony process in Idaho differs significantly from the misdemeanor process. Understanding the stages can help you know what to expect:
1. Arrest and initial appearance: You appear before a magistrate judge, usually within 24 hours of arrest. The judge informs you of the charges and sets bail.
2. Preliminary hearing: Within 14 days of your initial appearance (if you are in custody), a magistrate judge holds a hearing to determine whether there is probable cause to believe a felony was committed. This is a critical stage where your defense attorney can challenge the evidence.
3. District court arraignment: If the case is bound over to district court, you are arraigned before a district judge and enter a formal plea.
4. Discovery and motions: Your attorney reviews the evidence, files motions to suppress illegally obtained evidence, and prepares your defense.
5. Trial or resolution: The case proceeds to a jury trial or is resolved through negotiation.
Why Experience Matters in Felony Cases
Felony cases are fundamentally different from misdemeanor cases in their complexity, the stakes involved, and the procedures that apply. A felony conviction in Idaho can result in years of imprisonment, thousands of dollars in fines, loss of voting rights, firearm restrictions, and a permanent criminal record that affects employment, housing, and professional licensing.
Idaho Defense Firm handles the most serious criminal cases in the Treasure Valley. Attorney Shawn Wilkerson has ten years of experience handling felony and misdemeanor caseloads, trying these cases day after day in Ada, Canyon, Elmore, Valley, and Boise County courts. Attorney Randall Barnum has over 20 years of experience defending felony cases in both state and federal courts, including the U.S. District Court for the District of Idaho and the Ninth Circuit Court of Appeals.
If you are facing felony charges in Idaho, call (208) 336-3600 to speak directly with a senior attorney about your case.
