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In Idaho, all Burglary is considered a felony. Don't confuse Burglary with Theft, they are two different crimes. For Theft, it is divided into two categories, Petit Theft and Grand Theft. Petit Theft is a misdemeanor and is defined as any theft that is not Grand Theft. Grand Theft is a felony and is defined as: (a) Theft of the property, regardless of its nature and value,

is obtained by extortion committed by instilling in the victim a fear that

the actor or another person will:

1. Cause physical injury to some person in the future; or

2. Cause damage to property; or

3. Use or abuse his position as a public servant by engaging in

conduct within or related to his official duties, or by failing or

refusing to perform an official duty, in such manner as to affect

some person adversely. or

(b) A person is guilty of grand theft when he commits a theft when:

1. The value of the property taken exceeds one thousand dollars

($1,000); or

2. The property consists of a public record, writing or instrument

kept, filed or deposited according to law with or in the keeping of

any public office or public servant; or

3. The property consists of a check, draft or order for the payment

of money upon any bank, or a check, draft or order account number,or

a financial transaction card or financial transaction card account

number as those terms are defined in section 18-3122, Idaho Code; or

4. The property, regardless of its nature or value, is taken from

the person of another; or

5. The property, regardless of its nature and value, is obtained by

extortion; or

6. The property consists of one (1) or more firearms, rifles or

shotguns; or

7. The property taken or deliberately killed is livestockor any

other animal exceeding one hundred fifty dollars ($150) in value.

8. When any series of thefts, comprised of individual thefts having

a value of one thousand dollars ($1,000) or less, are part of a

common scheme or plan, the thefts may be aggregated in one (1) count

and the sum of the value of all of the thefts shall be the value

considered in determining whether the value exceeds one thousand

dollars ($1,000); or

9. The property has an aggregate value over fifty dollars ($50.00)

and is stolen during three (3) or more incidents of theft during a

criminal episode. For purposes of this subparagraph a "criminal

episode" shall mean a series of unlawful acts committed over a period

of up to three (3) days; or

10. The property is anhydrous ammonia.

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16y ago
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13y ago

I am not familiar with the classification of misdemeanor burglary. The crime of burglary is almost always charged as a felony offense. Burglaries can be plea bargained down to such charges as "Unlawful Entry and Larceny," bioth misdemeanor offenses, but larceny and burglary are two entirely different offenses.

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14y ago

The crime of burglary IS a felony in Virginia. There is no such thing as a misdemanor burglary.

See below link.

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12y ago

All charges of burglary in Washington are felonies, as is the case most other places.

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Q: What defines a felony vs misdemeanor for burglary in the state of Idaho?
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