Top Kapaa, HI Grand Theft Lawyers Near You
Grand Theft Lawyers | Lihue Office | Serving Kapaa, HI
4028 Rice Street, Suite B, Lihue, HI 96766
Kapaa Grand Theft Information
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- Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
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The Crime of Grand Theft
Grand theft is an escalated version of larceny or theft. What aggravates the severity of the crime and the penalties is the value of the property stolen. If you are convicted of grand theft you can be punished by a fine and incarceration. Actual penalties will vary by state law and the particulars of the theft crime committed.
What Is Considered Grand Theft?
Grand theft is generally distinguished from the lesser variation of the same offense (theft or petty theft) in terms of the value of the goods/money being stolen. The threshold for an incident of theft being escalated to grand theft is determined at the state level and ranges from about $500 to $1,000.
However, there are exceptions. Regardless of the monetary value of the object(s) being stolen, theft charges can be enhanced to grand theft charges if a firearm or vehicle is part of the theft.
What Is the Difference Between Grand Larceny and Grand Theft?
Grand larceny and grand theft may mean the same thing. In fact, many states simply use one or the other term interchangeably.
Theft is, generally speaking, a broader category of offense. Identity theft and intellectual property theft are examples. However, larceny concerns itself with the theft of personal property, making this offense slightly more narrow in its description than theft more broadly.
Whether the crime is called grand larceny or grand theft, the meaning of the charges and their severity remains largely the same.
Is Grand Theft a Felony or a Misdemeanor?
Grand theft is more likely to be charged as a felony than as a misdemeanor, but recent changes to many state laws have allowed for discretion in this matter. In states, for example, grand theft is a “wobbler” offense, meaning that any such incident meeting the threshold for grand theft within the state (set at a sum value of $950 or more) could be charged as either a felony or as a misdemeanor.
By contrast, in other states, grand theft is always considered to be a felony, ranging in severity from a third-degree felony offense to a first-degree felony offense.
Can You Go to Jail for Grand Theft in Hawaii?
Even misdemeanor charges of grand theft, or grand theft auto, can result in a year behind bars for those found guilty. Felony charges are more likely to result in a lengthier prison term ranging from one to 30 years, depending on the severity of the offense and whether the charges were classified as first, second or third-degree felonies.
In some cases, particularly in instances where a grand theft charge is filed as a misdemeanor, it may be possible to negotiate with the prosecution in order to avoid a jail sentence. The importance of securing professional and experienced legal representation cannot be understated if you are facing charges related to grand theft, and a skilled criminal defense attorney can substantially reduce the chances of facing a conviction.
Youth offenders are typically also exempt from jail terms.
What Are the Possible Punishments for Grand Theft?
Grand theft charges, and their related sentences for those found guilty of the offense, vary greatly depending on the jurisdiction the case is tried within.
To illustrate one end of the sentencing spectrum, some states allow for a maximum penalty of 30 years imprisonment in response to a conviction on first-degree felony charges (called for when property worth $100,000 or more is stolen). Second-degree grand theft (charged when property worth more than $20,000 but less than $100,000 is stolen) can result in up to 15 years of incarceration — or 15 years of probation — in the same state, while a first-degree grand theft conviction (theft over $750 but under $20,000) calls for up to five years behind bars or a five year probation period.
In other states, by contrast, a grand theft charge can be issued as a misdemeanor. If found guilty of misdemeanor grand theft in state court, offenders could face up to one year in county jail. If convicted of a felony grand theft charge, guilty parties could spend up to three years in county jail before penalty enhancements. The maximum penalty enhancement possible is an additional four years in jail and is possible if the sum value of the goods stolen exceeds $3.2 million.
Were You Charged With Grand Theft?
If you have been charged with grand theft you are facing a serious charge. Grand theft is a felony punishable by years in prison if you are convicted. Call a lawyer skilled in criminal defense and get representation. Your attorney can arrange bail and help protect your legal rights.
How an Attorney Can Help
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
What to Expect from an Initial Consultation
- Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
- It’s important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
- Discuss how the practice’s billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.
An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.
Points to Consider Before Hiring a Lawyer
Experience. Regardless of the type of legal matter you need help with, an experienced attorney will usually be able to get you better results.
Competence. Determine an attorney’s expertise by asking about their track record for the issue you need help with resolving.
Fit. There are plenty of good attorneys out there; make sure you find one you are comfortable working with.
Common legal terms explained
Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.
Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.
Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.