Theft Attorney in Honolulu

Over 30 Years Defending Theft Charges Across Hawaii

A theft charge in Hawaii can mean anything from a petty misdemeanor citation to a Class B felony carrying up to 10 years in prison. The difference often comes down to the value of property involved, how the taking occurred, and your prior record. Whatever the charge, how you respond from the moment you learn of an investigation shapes what happens next.

Myles S. Breiner Attorney at Law has represented clients facing theft charges in Honolulu for over 30 years. From shoplifting arrests to felony grand theft cases before the First Circuit Court, Attorney Myles S. Breiner brings the courtroom experience and knowledge of Hawaii law these cases demand.

If you’re facing a theft charge in Honolulu, don’t wait to get counsel. Call us at (808) 219-0880 to schedule your no-cost initial consultation with Attorney Breiner.

Theft Cases We Handle

Hawaii Revised Statutes Chapter 708 consolidates what were historically separate offenses under a unified theft statute. Under HRS §708-830, a single offense structure covers unauthorized control of property, theft by deception, receiving stolen property, shoplifting, failure to make required disposition of funds, and intentional diversion of services. That breadth means a wide range of conduct can support a theft charge.

Our criminal defense practice handles theft matters at every level:

• Shoplifting defense: From first-time retail theft arrests to repeat offense cases with enhanced exposure
• Petty theft and misdemeanor theft: Fourth and third degree charges heard in Honolulu District Court
• Felony grand theft: Second and first degree charges handled before the First Circuit Court on Oahu
• Theft by deception: Cases involving false representations, fraud-adjacent conduct, and business-related schemes
• Receiving stolen property: Defense for clients charged with knowingly possessing property obtained through theft
• Identity theft: A distinct category with its own statutory framework and serious collateral consequences

Our firm also handles white-collar and fraud-related offenses that frequently overlap with theft charges. When conduct crosses into federal jurisdiction, that experience matters.

Hawaii’s Four Degrees of Theft

Hawaii law grades theft by the value of property or services involved and by certain circumstances that automatically elevate the offense. Understanding which degree applies to your situation determines which court hears the case and what penalties are at stake.

Fourth Degree Theft (Petty Misdemeanor)

Theft of property or services valued at $250 or less under HRS §708-833. Punishable by up to 30 days in jail and a $1,000 fine. These cases are heard in Honolulu District Court.

Third Degree Theft (Misdemeanor)

Theft of property or services valued at more than $250 but not more than $750 under HRS §708-832. Punishable by up to one year in jail and a $2,000 fine. Also heard in District Court.

Second Degree Theft (Class C Felony)

Theft exceeding $750 in value, theft directly from another person’s body or immediate presence, or theft of certain agricultural or aquacultural products under HRS §708-831. A Class C felony carries up to five years in prison and a $10,000 fine. These cases move to the First Circuit Court.

First Degree Theft (Class B Felony)

Theft exceeding $20,000, theft of a firearm or explosives, theft during a declared state of emergency exceeding $300, or theft targeting a person 60 years of age or older under specified conditions, per HRS §708-830.5. A Class B felony is punishable by up to 10 years in prison and a $25,000 fine.

What a Theft Conviction Means Beyond the Sentence

The sentence is only part of what a conviction costs. A theft record follows you in ways that can outlast any jail term or fine.

Theft offenses are frequently classified as crimes of moral turpitude, which can affect professional license applications and renewals in Hawaii. For non-citizens, a theft conviction can trigger deportation or inadmissibility under federal immigration law. A conviction appearing on background checks can close doors to employment, housing, and security clearances long after the case closes.

Hawaii law also imposes enhanced penalties for repeat property offenders: prior property crime convictions can elevate a theft charge regardless of the underlying offense level. For qualifying first-time offenders, Hawaii’s deferred acceptance of guilty plea (DAGP) program may allow charges to be dismissed after successful completion of probation, though eligibility depends on the specific offense and prior record. The earlier you involve a theft attorney, the more options may remain available.

How We Defend Theft Charges in Honolulu

Every theft charge has two required elements: a taking and the intent to permanently deprive the owner of property. The prosecution must prove both beyond a reasonable doubt. Challenging either element is the foundation of many defenses.

Defenses we examine in theft cases include:

• Claim of right: A defendant who genuinely believed they had legal ownership or a right to the property lacks the criminal intent the statute requires
• Consent: Authorization from the property owner defeats the unauthorized-taking element
• Lack of awareness: Under Hawaii law, a defendant’s genuine lack of awareness that property belonged to another is a recognized statutory defense
• Mistaken identity or insufficient evidence: Eyewitness misidentification and surveillance gaps are common vulnerabilities in theft prosecutions
• Duress or coercion: Relevant where a defendant participated under threat of harm

Attorney Breiner has practiced criminal defense in Honolulu for over 30 years, appearing before both the Honolulu District Court and the First Circuit Court. We begin evaluating your case before charges are formally filed whenever possible, because the earliest stages of an investigation are when the most consequential decisions get made.

Why Clients in Honolulu Choose Myles S. Breiner Attorney at Law

Attorney Myles S. Breiner has built a recognized practice in Honolulu across more than three decades of criminal defense. He has handled thousands of cases and is regularly sought by media outlets to comment on significant legal developments in Hawaii. That public profile reflects the depth of courtroom experience he brings to every client.

He is recognized by Super Lawyers and is admitted to practice before the Hawaii State Bar and federal courts, including the Northern District of California. When a theft charge carries federal dimensions or collateral immigration consequences, that reach matters.

New clients receive a no-cost initial consultation. You can discuss the facts of your situation directly with Attorney Breiner, without any financial commitment, and understand your options before deciding how to proceed.

Robbery & Burglary Defense

Robbery and burglary are distinct offenses under Hawaii law, governed by their own statutes separate from the theft chapter. Robbery under HRS §§708-840 and 708-841 involves taking property from a person through force or the threat of force. First-degree robbery is a Class A felony carrying up to 20 years in prison; second-degree robbery is a Class B felony. Burglary under HRS §§708-810 and 708-811 involves entering or remaining in a building with intent to commit a crime inside, with first-degree burglary classified as a Class B felony and second-degree as a Class C felony.

These charges carry some of the most serious felony penalties in Hawaii. We defend clients facing robbery and burglary charges in Honolulu and can discuss your situation from the first consultation.

Contact a Honolulu Theft Defense Attorney

Theft charges move quickly once an arrest is made or charges are filed. The decisions you make in the first hours and days can significantly affect how your case develops.

Call Myles S. Breiner Attorney at Law at (808) 219-0880 or use our online contact form to schedule your free initial consultation. There’s no obligation.