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Offenses Against Family & Incompetents

Offenses against family and incompetents are charged under Hawaii Revised Statutes (HRS) Section 709.
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What Are Offenses Against Family And Incompetents

 

In the State of Hawaii, offenses against family and incompetents are charged under Hawaii Revised Statutes (HRS) Section 709. Offenses against property rights are mostly classified as either Class C felonies or misdemeanors. The type of classification determines the authorized sentence.
If found guilty of a felony, the Hawaii paroling authority will determine the minimum amount of time served and eligibility for parole. This will be determined at a separate hearing after trial. Class C felonies are punishable with up to 5 years imprisonment.

If found guilty of a misdemeanor, the judge will determine the sentence. There are two types of misdemeanors:
 

  • Misdemeanors are punishable with up to one year imprisonment and fine of $2,000
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  • Petty misdemeanors are punishable with up to 30 days imprisonment and a fine of $1,000
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Levels of Offenses Against Family And Incompetents

CLASS C FELONIES
 

  • Endangering the welfare of a minor
  • Abuse of family or household members for a third or any subsequent offense that occurs within two years; or causing bodily injury by impeding the normal breathing or circulation of the blood by:
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    • Applying pressure on the throat or the neck with any part of the body or a ligature;
    • Blocking the nose and mouth; or
    • Applying pressure to the chest
    • Applying pressure on the throat or the neck with any part of the body or a ligature;
    • Blocking the nose and mouth; or
    • Applying pressure to the chest

     
    MISDEMEANORS
     

    • Abandonment of a child
    • Endangering the welfare of a minor in the second degree
    • Endangering the welfare of an incompetent person
    • Abuse of household member (or violating stay away order)

     
    PETTY MISDEMEANORS
     

    • Abuse of family or household member (strike, shove, kick, or otherwise touch in an offensive manner or exercise coercive control)

     

If you or someone you love is facing any of these or similar charges in the Hawaii court system, contact us immediately.

Even if the Stateโ€™s investigation is ongoing and you have not yet been formally charged, we can help protect your rights, and take proactive steps to mitigate your exposure to life-changing criminal penalties.

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808-729-8937

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