Theft Attorney – Atkinson Law Office

If you are visiting this website for the first time, then read here and you’ll understand how I know first hand what it is like to be wrongfully accused of theft.

Those who come to my office usually come in one of three varieties: either, 1) they are innocent, they have done nothing wrong and have been falsely accused, or 2) they are not ‘innocent’ per se, but they are being overcharged and railroaded by the State, or 3) they are guilty, they know they are guilty, and they just want to be properly represented when they face the Court.

Most of my clients fall somewhere into the second category, where they may be guilty of something, but they will rightfully not take responsibility for the other parts of the theft that they did not commit.

Whatever category you may fall into, I have represented clients in them all, and I know how to help you no matter what your circumstances may be.

Allegations of theft, no matter how minor, can put you in some serious trouble.  For example, a simple shoplifting charge, can easily be turned into a felony burglary charge, merely by getting the defendant to admit that he or she planned on stealing the item before they entered the store.

Or another example, receiving items from someone under suspicious circumstances could get you charged with possession of stolen property.

Under Idaho law, a theft offense can include:

  • Using deception to gain control over another person’s property.
  • Using extortion to gain another person’s property.
  • Stealing labor or services.
  • Embezzling money.
  • Being in possession of stolen property.
  • Acquiring lost or mistakenly delivered property, without taking proper action after acquiring property.
  • Obtaining property by fraud or misrepresentation.

Often theft charges are made with very little evidence. Theft trials are usually based on circumstantial evidence, since it is so often the case that no one was around when the item was taken.

Here is a list of the most common type of theft charges

Petit Theft
A Petty theft classification concerns stolen property that has a low dollar amount value, usually $1,000 or less. Petit theft is a misdemeanor in Idaho and is punishable by a fine of no more than $1,000 or a maximum of one year in jail.


Grand Theft
Grand Theft is a felony in Idaho with a punishment that usually includes a maximum fine $5,000 and/or jail for 1 – 14 years. If grand theft is classified as extortion, punishment could steeply increase to max fine of $10,000 or maximum of 20 years in jail.

In the case of the theft or intentional killing of livestock valued at over $150, the grand theft charge carries a mandatory fine of $1,000 to $5,000, as well as one to 14 years in jail. Additionally, theft of livestock will result in assessment of civil damages.

Grand Theft includes the following offenses:
Theft of property taken directly from the person of another.
Theft of any property valued at more than $1,000.
Theft of a check, credit/debit card, or any kind of banking instrument.
Theft of livestock valued at over $150.
Theft of a firearm.
Theft by extortion.
Theft of anhydrous ammonia.
Theft of property valued at $1,000 or less as part of a “series of thefts”.
Theft of property valued at more than $50 during a series of three or more incidents of theft during a single “criminal episode.”

Grand Theft by Possession of Stolen Property
Grand theft possession means a person is in possession of articles that are stolen having a value over $500, and the crime charged is a serious one. This felony conviction could mean minimum of one year in jail and minimum of $1,000 in fines.

Everyone who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, trailer, airplane or railroad car, with intent to commit any theft or any felony, is guilty of burglary. Burglary is punishable by a minimum of 1 year and up to 10 years in prison.

Robbery is a felony and is defined as the taking of personal property in the possession of another, against their will, accomplished by means of force or fear. Punishments for robbery include a minimum five years and up to a maximum of life.

If you have been accused of, or charged with a theft crime, call me today. Do not wait and see what happens, and do not see if you can resolve it yourself. Doing so is like doing your own surgery, or prescribing your own medication, always a bad idea. If you come and see me now we may be able to mitigate the damages. Call me today and I’ll get you into my office to discuss your theft charge.