DUI Defense Built on Real Courtroom Experience

Serving Oahu, HI Since 2011

Misdemeanor Defense in OʻAhu

Put a Former Honolulu Prosecutor’s Insight to Work

A misdemeanor or petty misdemeanor charge can bring jail time, fines, and consequences that continue after the court case ends. I assess the specific charge and evidence before recommending a defense strategy.

At Law Office of Brian S. Kim, I represent people facing DUI, traffic, and criminal charges across Oʻahu. As a former Deputy Prosecuting Attorney for the City and County of Honolulu, I examine how the government built its allegations and where its evidence may be challenged. I bring more than 20 years of professional legal experience to each defense.

Call (808) 207-7192 to discuss your charge and the options available for misdemeanor or petty misdemeanor defense in Oʻahu.

How Hawaii Classifies Misdemeanors & Petty Misdemeanors

Hawaii law grades crimes as felonies, misdemeanors, and petty misdemeanors. A misdemeanor carries a maximum jail term of one year, while a petty misdemeanor carries a maximum jail term of 30 days. The sentence in an individual case depends on the offense, the person’s history, and the resolution reached in court.

Authorized fines generally don’t exceed $2,000 for a misdemeanor or $1,000 for a petty misdemeanor or violation. A higher fine may apply when it’s connected to pecuniary gain, meaning money or another economic benefit obtained from an offense.

Common misdemeanors include:

  • Standard first-offense operating a vehicle under the influence of an intoxicant
  • Third-degree assault
  • Abuse of a family or household member
  • Third-degree theft
  • Second-degree promoting a detrimental drug

Common petty misdemeanors include:

  • Reckless driving
  • Driving without a valid license
  • Disorderly conduct
  • Third-degree promoting a detrimental drug involving marijuana possession
  • Harassment
  • Criminal trespass
  • Petty theft

The classification of a theft charge depends in part on the value of the property or services involved. Because similar allegations can fall into different classifications, I review the statute identified in the charging document rather than relying only on the name used to describe the incident.

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    “They will help you with your problems and make them go away.”
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What Happens in an OʻAhu Misdemeanor Case

A criminal citation or arrest begins a case that requires close attention to the charge, court notice, and appearance date. Misdemeanor and petty misdemeanor cases on Oʻahu are typically heard in Honolulu District Court at Kauikeaouli Hale. Missing a required court date can create additional legal problems, so the notice should be reviewed promptly.

Initial Defense Review

I evaluate the allegations, available evidence, applicable law, and my client’s prior history. Strategy also depends on the resolution options available in court. My review may include police reports, recordings, test results, and other evidence relevant to the charge.

When the facts and law support it, I pursue dismissal arguments through motions to suppress evidence. A motion to suppress asks the court to exclude evidence obtained in violation of a person’s legal rights. Whether such a motion is available depends on how officers conducted the stop, search, or arrest.

Resolution Options

I consider a negotiated resolution when it fits my client’s circumstances. Available options may include deferred acceptance of a guilty or no-contest plea when appropriate.

A negotiated outcome isn’t appropriate in every case. When no fair resolution is offered, I can take the case to trial and require the prosecution to prove every element. Preparation depends on the evidence, viable defenses, witness testimony, and legal issues the case presents.

Discuss Your Charge in a Free Consultation

I represent Oʻahu residents, military personnel, and out-of-state visitors facing misdemeanor or petty misdemeanor allegations. I offer a free initial consultation virtually to discuss the allegation, court process, and available defense options.

Call (808) 207-7192 or submit the contact form to arrange a free consultation with me at Law Office of Brian S. Kim.

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Why Choose Law Office of Brian S. Kim?

  • Free Initial Consultation
    Get clear answers about your legal options at no cost. Speak directly with an experienced defense attorney and learn how we can help protect your future.
  • Former Prosecutor Advantage
    Benefit from the unique insight of attorney Brian S. Kim, a former Honolulu deputy prosecuting attorney who understands how prosecutors build cases and how to challenge them effectively.
  • Dedicated Criminal & DUI Defense
    Whether you're facing DUI, drug charges, assault allegations, theft accusations, or other criminal offenses, we fight aggressively to protect your rights and future.
  • Traffic Ticket & License Protection
    From speeding and reckless driving citations to serious traffic violations, we work to minimize penalties and help you keep your driving privileges.

Stay In The Know

  • How does Hawaii track your driving history?
  • What to do if criminally charged in Hawaii while on vacation
  • Can one traffic ticket lead to a license suspension in Hawaii?

Get the Defense You Deserve

Our team is ready to protect your rights, fight for your future, and help you achieve the best possible outcome.

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