Honolulu Theft Crime & Property Crime Charges

Property Theft

While theft typically refers to the taking of another person's property without his or her permission, the term actually carries a much broader definition.

Two key elements must be present in order to identify an act as theft:

• The taking of someone else's property
• The premeditated intent to permanently deprive another person of his or her property

Petty Theft vs. Grand Theft

If you have been accused of a theft crime in Hawaii, you could be facing one of two different charges: petty theft or grand theft. Your charges will depend on the type and value of the property that was stolen.

Petty Theft: The theft of property that is less than $500 or $1,000 depending on the jurisdiction. Petty theft cases are usually misdemeanor offenses, but they can still carry large fines upon conviction.

Grand Theft: The theft of property that is worth more than the limit set for petty theft. Grand theft is a felony offense punishable by steep fines, jail time, and more.

Accused of criminal trespass? Contact a Honolulu Trespassing Lawyer.

In Hawaii, a person can be charged with criminal trespass when they knowingly enter or remain unlawfully in a home or a premise where they are not wanted.

Criminal Trespass Defined

• Under Section 708-814 a person commits criminal trespass in the second degree when he or she knowingly enters or remains unlawfully in or upon a premises that is enclosed in a manner designed to exclude intruders or are fenced; or
• When a person enters or remains unlawfully in or upon a commercial premises after they have received a reasonable warning or request to leave by the owner or the lessee of the commercial property, or by a police officer.

A "reasonable warning or request" means that a warning or request was communicated in writing at any time within the year prior to the date of the incident.

• Criminal trespass of the second degree is a petty misdemeanor offense, punishable by up to 30 days in jail.

Criminal Trespass in the First-Degree

Under Section 708-813, an individual commits criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a dwelling, a hotel, or apartment building, or a premises that is fenced or enclosed to keep intruders out and that person is in possession of a firearm at the time of the intrusion.

• Criminal trespass in the first degree is a misdemeanor, punishable by up to one year in jail.

Contact a Honolulu criminal defense attorney!

It is very easy for someone to face criminal trespass charges after unlawfully entering someone else's property, especially in Honolulu where residents own large properties. Whether your charges stem from a scenario where you made an honest mistake, or if you are being accused of violating a restraining order and entering a premise after being told to stay away, you should be represented by a skilled Honolulu criminal defense lawyer.

Regardless if you are facing up to 30 days or one year in jail, even 48 hours behind bars is too much. If you are being charged with criminal trespass, you are also facing the possibility of fines and the hassle of a permanent criminal record – don't let the worst happen to you!

Contact the Law office of Victor Bakke, ALC to discuss your charges in a free consultation!