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Felony and misdemeanor classes in Idaho

Idaho does not sort felonies into classes or degrees. The Idaho Code sets one default penalty for felonies and one for misdemeanors, and most crimes set their own penalty in the law that defines them. Infractions are civil offenses, not crimes.1

Checked October 29, 2026 against Idaho's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony
In Idaho, a felony is a crime that can be punished by death or by time in state prison. Every other crime is a misdemeanor. A crime that can be punished either by state prison or by a fine or county jail counts as a misdemeanor for all purposes once the judge imposes a sentence other than state prison.1
Felony theft starts at
More than $1,000How theft is graded
When a DUI is a felony
A DUI is a felony when the person has two or more earlier DUI violations within 10 years. It is also a felony when the person completed a DUI diversion program and has one or more earlier DUI violations within 10 years. The penalty is up to 10 years in prison and a fine of up to $5,000.2

Felony categories in Idaho

Felony categories in Idaho, with prison ranges and fines
ClassPrisonFineThe law
Felony (general penalty)Up to 5 yearsThis is the default. It applies only when the law that defines the crime does not set a different punishment. Many felonies set their own ranges, for example 1 to 14 years for most grand theft.Up to $50,000Idaho Code § 18-1127

Misdemeanor classes in Idaho

Misdemeanor classes in Idaho, with jail ranges and fines
ClassJailFineThe law
Misdemeanor (general penalty)Up to 6 monthsThis is the default. It applies only when the law that defines the crime sets no other punishment.Up to $1,000Idaho Code § 18-113(1)8

Below a misdemeanor

Non-criminal offenses in Idaho
ClassPenaltyThe law
InfractionCivil penalty of up to $300; no jailAn infraction is a civil public offense, not a crime.Idaho Code § 18-1111

Good to know

Idaho has no felony classes. If any Idaho law uses the words "felony in the first degree," "second degree" or "third degree," they mean a plain felony with the default penalty unless that law says otherwise.3

A court may add a fine of up to $50,000 to any felony punishment, unless the specific felony law already provides for a fine.4

Some misdemeanors carry more than the default. Petit theft, for example, can mean up to 1 year in county jail and a fine of up to $1,000.5

When theft is a felony in Idaho

In Idaho, theft of property worth more than $1,000 is grand theft, a felony. Most grand theft is punishable by 1 to 14 years in prison, a fine of up to $5,000, or both. Theft below that line is petit theft, a misdemeanor. A few kinds of property, such as firearms and livestock, are graded on separate tests.6

Idaho Code §§ 18-2407(1)(b), 18-2408(2)(a) · Felony theft amounts in every state

DUI in Idaho

Idaho calls it driving under the influence (DUI). The more serious version that injures someone is called aggravated DUI.

Repeat offenses
A DUI is a felony when the person has two or more earlier DUI violations within 10 years. It is also a felony when the person completed a DUI diversion program and has one or more earlier DUI violations within 10 years. The penalty is up to 10 years in prison and a fine of up to $5,000.
Which past offenses count
10 years for the repeat-offense felony. Earlier violations count even if the court withheld judgment, and similar violations in other states count. A person with an earlier felony DUI, aggravated DUI or DUI vehicular manslaughter who is found guilty of another DUI within 15 years is also guilty of a felony.
Other felony versions
Aggravated DUI, a DUI that causes great bodily harm, permanent disability or permanent disfigurement to another person, is a felony punishable by up to 15 years in prison and a fine of up to $5,000. A DUI that causes a death is vehicular manslaughter, punishable by up to 15 years. Since July 1, 2025, it carries a mandatory minimum of 5 years (up to 25) for a person with one earlier DUI or aggravated DUI, and 10 years (up to 25) for a person with two or more.

Idaho Code §§ 18-4006(3)(b), 18-4007(3)(b), 18-8004, 18-8005(6), (9), 18-80062 · Felony DUI rules in every state

After a conviction

Common questions

What is a felony in Idaho?

In Idaho, a felony is a crime that can be punished by death or by time in state prison. Every other crime is a misdemeanor. A crime that can be punished either by state prison or by a fine or county jail counts as a misdemeanor for all purposes once the judge imposes a sentence other than state prison.

What is a felony (general penalty) in Idaho?

In Idaho, the prison range for a felony (general penalty) is up to 5 years, and the fine is up to $50,000. This is the default. It applies only when the law that defines the crime does not set a different punishment. Many felonies set their own ranges, for example 1 to 14 years for most grand theft.

What is a misdemeanor (general penalty) in Idaho?

In Idaho, the jail range for a misdemeanor (general penalty) is up to 6 months, and the fine is up to $1,000. This is the default. It applies only when the law that defines the crime sets no other punishment.

How much theft is a felony in Idaho?

In Idaho, theft of property worth more than $1,000 is grand theft, a felony. Most grand theft is punishable by 1 to 14 years in prison, a fine of up to $5,000, or both. Theft below that line is petit theft, a misdemeanor. A few kinds of property, such as firearms and livestock, are graded on separate tests.

Is a DUI a felony in Idaho?

A DUI is a felony when the person has two or more earlier DUI violations within 10 years. It is also a felony when the person completed a DUI diversion program and has one or more earlier DUI violations within 10 years. The penalty is up to 10 years in prison and a fine of up to $5,000. Aggravated DUI, a DUI that causes great bodily harm, permanent disability or permanent disfigurement to another person, is a felony punishable by up to 15 years in prison and a fine of up to $5,000. A DUI that causes a death is vehicular manslaughter, punishable by up to 15 years. Since July 1, 2025, it carries a mandatory minimum of 5 years (up to 25) for a person with one earlier DUI or aggravated DUI, and 10 years (up to 25) for a person with two or more.

These are the general ranges in Idaho's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

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Cite this page

Second Chance Index, "Felony and misdemeanor classes in Idaho" https://secondchanceindex.com/felony-classes/idaho, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

  1. Idaho Code § 18-111
  2. Idaho Code §§ 18-4006(3)(b), 18-4007(3)(b), 18-8004, 18-8005(6), (9), 18-8006
  3. Idaho Code § 18-111A
  4. Idaho Code § 18-112A
  5. Idaho Code § 18-2408(3)
  6. Idaho Code §§ 18-2407(1)(b), 18-2408(2)(a)
  7. Idaho Code § 18-112. Punishment for felonyIdaho Legislature
  8. Idaho Code § 18-113. Punishment for misdemeanorIdaho Legislature
  9. Idaho Code § 18-8004. Persons under the influence of alcohol, drugs or any other intoxicating substancesIdaho Legislature
  10. Idaho Code § 18-8006. Aggravated driving while under the influence of alcohol, drugs or any other intoxicating substancesIdaho Legislature
  11. Idaho Code § 18-4006. Manslaughter definedIdaho Legislature
  12. Idaho Code § 18-4007. Punishment for manslaughterIdaho Legislature
  13. 2025 Senate Bill 1099 (2025 Idaho Session Laws ch. 171)Idaho Legislature