Attorney Michael Fayard is here to help you deal with theft cases in Honolulu or elsewhere in Hawaii. He has years of experience, first as a prosecutor, then as a defense attorney. He’s handled all types of cases, from misdemeanors and felonies to administrative and military issues. He can represent you in civil, criminal, state, federal, and military courts, which is helpful when allegations have multiple consequences.

Attorney Fayard’s wealth of experience helps you tackle any misdemeanor or felony theft case. He knows how to gather and review the evidence, assess the strengths and weaknesses of the State’s case, and go from there. Get started by calling Michael Fayard at 808-445-6708 or use the online form to schedule your free consultation. He’s here to listen to your story and tell you how he can help.

Michael Fayard Tackles All Theft Charges

How will Michael Fayard help? First, he listens to what you have to say. There’s no judgment. He wants to hear the truth, so he can figure out the best way to move forward.

When you retain his firm, he’ll get started right away. He has a team of private investigators that work for the firm to assist in your defense. Step one: gather and assess the evidence. Are there photos, videos, or witness statements? We’ll review all of those and more. This is how he’ll get a clear picture of the facts that support or hurt your defense and can recommend how to proceed.

You can trust Michael Fayard to be honest with you. Not every case is a slam dunk. Though he is often able to get charges dropped or reduced, this isn’t always possible. He might recommend you pursue a plea agreement, a diversion program, or fight for an acquittal at court. You also can expect him to be realistic and talk with you about the worst-case scenarios, like possible penalties after a conviction.

Whatever the facts, attorney Fayard will do everything within his power to win the best possible outcome in your case. Schedule a free consultation today to learn more about your rights and options.

Types of Theft Cases Attorney Fayard Handles

Don’t hesitate to call Michael Fayard about:

Theft in Hawaii

Hawaii’s theft law is Hawaii Revised Statutes §708-830, and it describes several types of theft:

  • Obtaining or exerting unauthorized control over property with the intent to deprive the owner of their property.
  • Obtaining or exerting control over property through deception with intent to deprive the owner of their property.
  • Obtaining or exerting control over property you know has been lost, mislaid, or misdelivered with the intent to deprive the owner of the property and failing to take reasonable measures to discover and notify the owner.
  • Obtaining services by using deception to avoid paying.
  • Intentionally diverting services for your own benefit.
  • Failing to make the required disposition of funds.
  • Intentionally receiving, keeping, or disposing of stolen property.
  • Shoplifting.

The point of all of these examples is that a wide range of behavior constitutes theft, also known as larceny. From concealing clothing in your backpack in a store to refusing to pay for services someone completed at your request. If you obtain and keep property you aren’t entitled to, or you somehow receive services you don’t pay for, you can be charged with theft.

The best response to being charged or investigated for theft is to call a theft defense lawyer. Michael Fayard has years of experience on both sides of the courtroom. He knows what it takes for the State to build a strong theft case. That means he also knows what it takes to argue against that case. He knows how to look for the holes and weaknesses, which helps him win dismissals and acquittals.


$1,550,000 Plaintiff’s Verdict

Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.

$1,200,000.00 Plaintiff’s Verdict

SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.

Read More Results

Degrees of Theft Charges

Not all theft is treated the same. Generally, the more valuable the property or services stolen, the more serious the charge and potential penalties. Also, certain types of property are treated as serious theft offenses, no matter their value, like guns.

Theft in the First Degree

This is the highest theft charge. You can be charged with a Class B felony if you steal:

  • Property or services valued at more than $20,000;
  • A firearm;
  • Dynamite or other explosives; or
  • Property worth more than $300 during a declared state of emergency.

It’s important you fight these charges. A Class B felony is serious, both in terms of the potential sentence and collateral consequences. As a theft lawyer, Michael Fayard will work to have your case dismissed or, depending on the circumstances, reduced to theft in the second degree. The best defense strategy depends on the facts of your case. When the facts are against you, he’ll discuss how to best mitigate the consequences of a conviction.

Theft in the Second Degree

The second-highest theft offense is a Class C felony if you steal:

  • Property directly from another person;
  • Property or services valued at more than $750;
  • Aquacultural products from an enclosed area with a No Trespassing or Private Property sign;
  • Agricultural equipment, supplies, or products worth more than $100 from an enclosed area with a No Trespassing or Private Property sign; or
  • Commercial agricultural products.

Both first- and second-degree theft are felony charges. You might hear them referred to as grand theft charges. You should always hire a lawyer as soon as possible. Michael Fayard will review your case for any way to have it reduced to a misdemeanor or dismissed entirely. Whatever the circumstances, though, he’s ready and willing to fight for your rights at trial.

Theft in the Third Degree

You can be charged with a misdemeanor if you steal:

  • Property or services worth more than $250; or
  • Gas, diesel fuel, or other petroleum products worth less than $750.

You might be tempted to go without an attorney or work with a public defender when you’re charged with misdemeanor theft. It’s not a felony, right? It’s equally serious, though. A misdemeanor theft conviction can still lead to jail time and serious consequences after you’ve completed your sentence. Call theft lawyer Michael Fayard to talk about beating these charges. He might be able to obtain a dismissal, get it reduced to petty theft, or win an acquittal at trial.

Theft in the Fourth Degree

This is the lowest theft offense, also known as petty theft charges. You can be charged with a petty misdemeanor if you steal property or services with less than $250.

As the least serious theft offense, you might not fight as hard as you should to avoid a conviction. Make no mistake, you don’t want a petty theft charge on your record. It can come back to haunt you when it’s time to get a professional license or apply for a new job. Work with attorney Fayard to avoid a conviction.

Fayard Defends Against Burglary and Robbery Charges

Robbery and burglary are often thought of as theft, but they have separate statutes in Hawaii.


Burglary involves intentionally going into and remaining in a building with the intent to commit a crime. You can be charged with burglary in the first or second degree, a Class B and C felony, respectively.


Robbery involves stealing property from another person with a dangerous weapon, by threatening the property owner with force, inflicting injury, or attempting to inflict serious injury or kill the owner. You can be charged with first- or second-degree robbery, a Class A and Class B felony, respectively.

If you’re charged with burglary or robbery in Hawaii, call Michael Fayard immediately. These are serious felonies. You don’t want a conviction on your record. He’ll investigate the facts of your case and come up with the best defense strategy. If he can’t obtain a dismissal or acquittal, he’ll look for ways to lessen the punishment.

He is relentless to ensure his clients are well taken care of.”

- Cliff T

Potential Consequences of a Theft Conviction

You need a clear understanding of the consequences of a theft conviction. You face incarceration, fines, and more.

  • Petty Misdemeanor: Up to 30 days in jail and fines up to $1,000.
  • Misdemeanor: Up to one year in jail and fines up to $2,000.
  • Class C Felony: Up to five years in prison and fines up to $10,000.
  • Class B Felony: Up to 10 years in prison and fines up to $25,000.
  • Class A Felony: Up to 20 years in prison and fines up to $50,000.

You face harsher sentences if you have prior convictions or are labeled a repeat offender. Also, if you’re convicted of shoplifting, you face higher fines. Talk with Michael Fayard about the factors that would influence your sentence if your plead or are found guilty.

Possible Defenses Against Theft Charges

Always consult a theft lawyer about how to best defend yourself. Certain defenses may be more appropriate for your case than others. There’s no one-size-fits-all approach.

  • Mistake/Claim of Ownership: It could be you thought you had a right to the property you took. If you reasonably thought you owned the property or had a right to it, tell your lawyer.
  • Mistake of Identity: It might be that something was stolen, but not by you. If you’ve been falsely accused, your lawyer can present evidence that you weren’t involved, including by establishing your alibi.
  • Consent: Did the owner give you permission to take the property? If you had implicit or explicit permission to take or use the property, like borrowing a car, tell your lawyer about when and how you receive consent.
  • Insufficient Evidence: In any criminal case, it’s the prosecutor’s burden to prove you committed the crime beyond a reasonable doubt. Attorney Fayard will point out to the court when the prosecutor can’t meet that burden because they lack evidence.
  • Duress/Coercion: Were you forced to steal something? If someone else made you do something through violence or threats of force, talk with your lawyer.
  • Return of Property: If you returned the property to the rightful owner, you might defeat the charges. Your lawyer may be able to show you never intended to deprive the owner of their property.

Fight Theft Charges Immediately

Whether or not you’ve been officially charged yet, call theft defense attorney Michael Fayard. He can help even if you’re only dealing with allegations and a criminal investigation, so far. He also can step in and help if you first thought you could handle the case yourself, though the sooner you call, the better.

When you work with Michael Fayard, you can trust that someone is working hard for you. He’s always available to answer your questions and address your concerns. He’ll call or email you back within 24 hours.

To learn more about what it’s like to be represented by Michael Fayard, call 808-445-6708 or use the online contact form.