Hawaii Misdemeanor Defense

Provided by Our Hawaii Criminal lawyer, a Former Marine

Whether you are a Hawaii resident or a visitor who has been charged with a misdemeanor offense, our Hawaii criminal attorney, a former Marine, can provide you with aggressive legal representation.  In Hawaii, misdemeanors are crimes that carry a maximum sentence of no more than one year imprisonment and a fine not exceeding $2,000.  Petty misdemeanors are lesser offenses.  In Hawaii, most petty misdemeanors carry a maximum sentence of 30 days in jail and a fine not exceeding $1,000.  There are some petty misdemeanors in Hawaii that carry a maximum sentence of six months in jail.  Although these sentences may seem minor compared to those of most felony charges, there are other serious consequences associated with misdemeanor crimes, such as a permanent criminal record or higher insurance.  Accordingly, it is very important to consult a Hawaii criminal lawyer if you have been charged with or being investigated for any crime, to ensure that your rights are protected and that you receive the best outcome possible.

Your Rights Under Hawaii Law

If you have been charged with a misdemeanor crime, you have the right to refuse to answer any questions posed by the prosecuting attorney or law enforcement officials. You also have the right to consult an attorney to look out for your best interests during an investigation or trial. However, to protect these rights, you must assert them by refusing to speak to anyone about your charges and by requesting that you be permitted to seek the advice of an attorney. Anything that you tell a law enforcement official will likely be admissible during trial, so it is important that you wait to speak with a Honolulu criminal lawyer before discussing your case with anyone.

Hawaii Misdemeanor Crimes

• Simple Theft: Shoplifting merchandise valued at less than $300 is considered a misdemeanor offense in Hawaii. Likewise, embezzling funds or stealing money from another person is also considered a misdemeanor theft if the amount involved is less than $300. First time offenders may receive community service or probation in lieu of serving jail time, but repeat offenders can receive a jail sentence of up to one year.
• Domestic Abuse: Domestic Abuse in Hawaii is known as Abuse of a Household Member. If you are accused of abusing a family member and someone at the scene of the crime complains of pain or exhibits visible injuries, you will be immediately arrested, regardless of whether you were actually responsible for the injuries. Even if you were involved in a mutual argument or physical exchange and your spouse or family member later decides not to press charges, the government will still bring you to court and require that the complaining family member testify against you.
  
  The penalties associated with domestic abuse convictions are steep. If you are convicted of Abuse of a Household Member in Hawaii you must go to jail, you will lose your Constitutional right to ever possess a firearm forever. Additionally, if you are not a United States citizen, you can face immediate deportation, denial of naturalization or exclusion from re-entering the United States if you ever leave the country.
• Contempt of Court: In Hawaii, any adult who violates, neglects, or refuses to obey a court order may be charged with contempt of court. This law also allows the Hawaii courts to charge parents in violation of paying their court-ordered child support.
• Violation of an Order of Restraint: Hawaii has no tolerance for violations of orders of restraint. Because orders of protection can become conflicting for the parties involved, a court will grant an order if a plaintiff demonstrates evidence of a 50% or greater record of abuse. However, the parties may reconcile without revoking the protective order and, if the relationship sours again, the person in violation of the order will be arrested, even though he or she believed the relationship had mended.

Common Hawaii Petty Misdemeanor Offenses

Although not as severe as misdemeanors or felonies, petty misdemeanor crimes still carry jail sentences of up to 30 days and may impact your other rights under the law. Additionally, petty misdemeanors may become misdemeanor charges if certain factors exist, such as repetition or increased severity of the crime. Some common petty misdemeanors are detailed below:

• Disorderly Conduct: Disorderly conduct is usually charged as a petty misdemeanor with a possible jail sentence of up to 30 days. You can be charged with disorderly conduct if you commit an offense with the intent to cause physical inconvenience or alarm, or if you recklessly create a risk of causing harm. This applies to fighting and/or using abusive language, especially in public. Disorderly conduct also includes creating too much noise, for example, by playing music too loudly. Disorderly conduct may be considered a misdemeanor that carries a longer sentence, rather than a petty misdemeanor, if you intend to cause substantial harm or serious inconvenience, or if you persist in disorderly conduct after a reasonable warning or request to desist.
• Harassment: In Hawaii, harassment is treated as a crime separate from disorderly conduct. You can be convicted of the petty misdemeanor of harassment if you intend to harass, annoy, or alarm another person. Such conduct may include physical conduct, such as striking, shoving, or kicking or emotional harassment, such as insulting, taunting, or otherwise challenging another person in a manner that is likely to invoke a violent response.
• Prostitution: Prostitution involves the act of providing or receiving sexual services for a fee. In Hawaii, money does not actually have to exchange hands for you to be charged with prostitution. If you have simply offered to provide sexual services in exchange for money you can be arrested. Likewise, if you are caught offering money for sexual services, you can be arrested for prostitution.
  
  The charge of prostitution carries with it a mandatory fine of $500 and a possible 30-day jail sentence. In some cases, defendants may be eligible for probation, but courts can legally take prior offenses into account when sentencing. Patrons of prostitutes may also face a misdemeanor charge of habitual solicitation of prostitution.

If You Have Been Charged with a Misdemeanor

Regardless of the severity of the criminal charges that have been brought against you, you should seek the advice of an experienced Hawaii criminal lawyer. It is important that you start today in formulating your defense and deciding how you are going to win your case. Contact a Hawaii criminal attorney at The Tipon Law Firm today for an initial consultation. Tagalog and Ilocano spoken.