Idaho Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Idaho: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Idaho, consult a licensed Idaho criminal defense attorney.

Idaho Burglary Penalties

OffensePenalty
First OffenseFelony: up to 10 years prison
Second OffenseFelony (aggravated): up to 15 years prison

Idaho Code §18-1401; all burglary is felony; aggravated burglary if armed

Burglary Statute of Limitations in Idaho

In Idaho, the statute of limitations for theft and property crimes is generally 5 years.

See all Idaho statutes of limitations →

Defending Against Burglary Charges in Idaho

Common defenses in Idaho burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Idaho criminal defense attorney for advice.

Related Idaho Laws