Larceny is – at its core – a crime of theft. More specifically, it is a criminal offense that involves the unlawful taking of another’s property with the intent to do so permanently. In Hawaii, larceny is treated seriously under state law, and the consequences of a larceny conviction can be severe.
This is often particularly true for active military members and veterans, given that they can face consequences in both civilian and military courts. A larceny conviction can result in profound consequences, not only legally but also professionally and personally. For starters, it can affect one’s military career and employment future opportunities.
Larceny in Hawaii
Hawaii law defines larceny as the unlawful taking, carrying, leading or driving away of someone else’s personal property. As noted above, a key element of a larceny offense is intent; the prosecution must prove that the accused had the specific intention to take property without any additional intention of returning it.
Potential consequences for a larceny conviction vary based on the value of the allegedly stolen property and the circumstances of the theft in question:
- Petty misdemeanor larceny: Involves theft of property valued at less than $250. Defendants risk fines and up to 30 days in jail.
- Misdemeanor larceny: Involves theft of property valued between $250 and $750; the offense is classified as a misdemeanor. Penalties for misdemeanor larceny can include up to one year in jail and significant fines.
- Felony larceny: Involves theft of property valued in excess of $750, or if the property stolen includes certain specialized items like vehicles, the offense is elevated to a felony. Conviction can result in severe penalties, including long prison sentences and substantial fines.
As every case is different, seeking personalized legal guidance is wise. Making assumptions about the categorization of any particular case can lead to otherwise preventable trouble.
Implications for military members and veterans
For active military personnel and veterans, a larceny charge can result in particularly severe consequences. In the military, larceny is not only a violation of state law but also a breach of the Uniform Code of Military Justice (UCMJ). If convicted of larceny, military members can face court-martial, which could result in imprisonment, dishonorable discharge, loss of rank and forfeiture of pay.
Veterans, too, face significant repercussions if convicted of larceny. A criminal record can make it difficult to pursue employment opportunities, especially in fields that require security clearances or positions of trust. Additionally, a conviction could impact a veteran’s access to certain benefits or result in the revocation of privileges that are often consequential to post-service life.
These are just a few of the reasons why it is so important for anyone – and particularly those connected to the service – to seek personalized legal guidance as soon as possible after learning that they are being investigated or charged with larceny.