Idaho Felony Charges and Sentencing

In Idaho, a felony is a crime for which the penalty is a sentence of one year or more imprisonment.

Felony Sentencing and Convictions in Idaho

In the Idaho Criminal Statute, there is no classification of felony crimes.  Rather, crimes are defined by individual statutory provisions.  Some of the crimes contain their own designation of the applicable sentence, while others do not.  Pursuant to the law, except for those felonies where a different punishment is indicated, every felony is subject to imprisonment for five years and a fine of no more than $50,000.00 or both. The following provides an overview of some of the felony crimes and their sentences.

• First Degree Murder- Death Penalty or life imprisonment may be imposed.
• First Degree Kidnapping- Death Penalty or life imprisonment may be imposed.
• Rape- One year to life imprisonment may be imposed.
• Drug Crimes- Penalties vary and can include up to 30 years imprisonment and up to $50,000.00 fine per offense.
• Human Trafficking- Up to 25 years imprisonment may be imposed.
• Robbery- Up to 25 years imprisonment and a $20,000.00 fine may be imposed.
• Arson in the First Degree- 25 years maximum and up to $100,000.00 fine may be imposed.
• Aggravated Assault- Up to 5 years and a $5,000.00 fine may be imposed.
• DUI- Up to 5 years imprisonment and a $5,000.00 fine may be imposed.

Idaho Felony Records and Expungement

Idaho law generally does not permit felony records to be expunged.  However, Idaho Code Section 19-2604 has been interpreted by case law to permit a procedure where one can petition the court to amend the felonious judgment such that the consequence of a felony conviction can be avoided.  This was the subject of the case entitled Housely v. State, 811 P.2d 495 (Idaho Ct. App. 1991).

Idaho Statute of Limitations

• No limitations: murder, voluntary manslaughter, rape
• 5 years: other felonies and felonies committed against a minor child

In addition to the above, there is an extended time period applicable to sexual abuse or lewd conduct on a child who was under sixteen years of age at the time of the offense.  There is a five year extension following the victim’s eighteenth birthday in such an instance. View all Criminal Statutes of Limitation in Idaho.

Help from a Lawyer in Idaho for Felony Charges

If one is charged with a felony in Idaho, one should consider retaining an experienced criminal attorney.  An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.