Honolulu Theft Crimes Lawyer

As in most states, theft in Hawaii is a very broad crime and can be charged as either a misdemeanor or a felony depending on the circumstances involved in the crime. Theft crimes §708-830 in Hawaii fall into four categories, from fourth-degree theft to first-degree theft. Fourth-degree theft (also known as petty theft) and third-degree theft are misdemeanors. Second-degree theft and first-degree theft are felonies.

Theft in the Fourth Degree §708-833 – Theft of property or services of $250 or less in value. This crime is usually charged with shoplifting and other petty offenses. Fourth-degree theft is punishable by up to 30 days’ jail time and a $1,000 fine.

Theft in the Third Degree §708-832 – Theft of property or services of more than $250 but less than $750. Third-degree theft is punishable by up to one year in jail and a $2,000 fine.

Theft in the Second Degree §708-831 – A person commits second-degree theft, if the person commits theft:

• Of property from the person of another.
• Of property or services, the value of which exceeds $750.
• Of an aquacultural product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: “Private Property.”
• Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: “Private Property”. The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line. Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen.

Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under [subsection (1)] (c) and (d) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater.

Theft in the First Degree §708-830.5 – A person commits first-degree theft, if the person commits theft:

• Of firearms, dynamite, or explosives.
• Of property or services valued at more than $20,000, or
• Of property or services worth more than $300 stolen during a declared state of emergency, or
• Of property or services valued at more than $750 from the person of another who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft.

A person convicted of first-degree theft commits a class B felony. A class B felony in Hawaii carries up to 10 years in prison and a $25,000 fine.

All penalties are for first-time offenders. All penalties can be enhanced for repeat offenders. Hawaii’s law authorizes several enhanced penalties, including minimum incarceration terms and minimum fines, for various theft offenses.

Theft crimes can be very serious and carry harsh penalties for those who are convicted. If you have been charged with any type of theft crime, you should consult with a Hawaii criminal defense attorney as soon as possible.

If you have been charged with any type of theft crime in Honolulu, HI, contact us or call our office at 808-647-2423 to schedule a Strategy Session. Our experienced team of theft crime attorneys have several decades of experience successfully representing people charged with both misdemeanor and felony theft crimes.

Honolulu Theft Crimes Lawyer