Hawaii's Laws on First-Degree, Second-Degree, and Third-Degree Assault

In Hawaii, you can be arrested and charged with assault for physically injuring another person. The penalties for assault vary based on factors like your state of mind ("mens rea") at the time of the assault, the seriousness of the victim's injuries, and whether Hawaii law gives the victim special protection.

Is Assault a Felony or Misdemeanor in Hawaii?

An assault can be a felony or a misdemeanor in Hawaii depending on the degree:

• a first-degree assault is a Class B felony.
• a second-degree assault is a Class C felony
• a third-degree assault is a misdemeanor or petty misdemeanor.

(Haw. Rev. Stat.§§ 707-710, 707-711, 707-712 (2024).)

What Is First-Degree Assault in Hawaii?

Assault in the first degree is punished most severely in Hawaii. To convict someone of first-degree assault, a prosecutor would have to prove that person:

• caused serious bodily injury to another person, and
• did so intentionally (on purpose) or knowingly (with awareness).

A "serious bodily injury" is a life-threatening injury or an injury that causes serious, permanent disfigurement, or protracted loss or impairment of a body part or organ.

(Haw. Rev. Stat. §§ 702-206, 707-700, 707-710 (2024).)

Examples of First-Degree Assault

You can be found guilty of first-degree assault in Hawaii if you:

• intentionally shoot someone causing life-threatening internal bleeding
• purposely break someone's leg so severely that the injury requires multiple surgeries and a lengthy recovery period to heal, or
• knowingly cut someone across the face, which causes permanent scarring.

Penalties for First-Degree Assault in Hawaii

Assault in the first degree is a class B felony. The maximum sentence for a class B felony is ten years in prison and a fine of up to $25,000.

Hawaii has a unique felony sentencing system in which the Hawaii Paroling Authority rather than a sentencing judge typically decides the minimum amount of time an imprisoned person must serve. But Hawaii law imposes certain mandatory minimum prison sentences when the person convicted is a repeat offender, uses a firearm to commit the assault, or harms a particularly vulnerable victim.

(Haw. Rev. Stat. §§ 706-640, 706-660, 706-660.1, 706-660.2, 706-669 (2024).)

What Is Second-Degree Assault in Hawaii?

A second-degree assault in Hawaii is punished less severely than a first-degree, but it's still a felony. To convict someone of second-degree assault, a prosecutor would have to prove that person:

• intentionally, knowingly, or recklessly caused substantial bodily injury to another person
• recklessly caused serious bodily injury to another person, or
• intentionally or knowingly caused bodily injury to another person with a dangerous or deadly weapon.

(Haw. Rev. Stat. §§ 702-206, 707-700, 707-711 (2024).)

What Is a Reckless State of Mind?

Acting with a reckless state of mind differs from acting with intention (purpose) or knowledge (awareness).

The term "reckless" essentially describes a person's simultaneous understanding and conscious disregard of a substantial risk of harm.

(Haw. Rev. Stat. § 702-206 (2024).)

What Is a Substantial Bodily Injury?

As noted above a serious injury is so severe that it's life-threatening or causes serious or permanent bodily harm.

Under Hawaii law, "substantial bodily injury" means a:

• major avulsion (forcible tearing), laceration, or penetration of the skin
• second-degree burn or worse
• bone fracture
• serious concussion, or
• tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs.

A "bodily injury." by contrast, is physical pain, illness, or any impairment of physical condition.

(Haw. Rev. Stat. § 707-700 (2024).)

What Is a Dangerous Instrument?

You can commit a second-degree assault in Hawaii if you intentionally or knowingly cause bodily injury using a "dangerous instrument." A dangerous instrument is an object capable of causing bodily injury either because it's designed to or because of how it's used.

Any firearm, whether loaded or not, and whether operable or not, is a dangerous instrument. Other examples include a pencil used to stab a person's eye or a baseball bat used to bludgeon someone's head or break their leg.

If you cause any bodily injury, including just a bruise, with a weapon in Hawaii, you can be convicted of second-degree assault.

Learn more about assault with a deadly weapon.

(Haw. Rev. Stat. §§ 702-206, 707-700, 707-711 (2024).)

Penalties for Second-Degree Assault

Assault in the second degree is a class C felony. The maximum sentence for a class C felony is five years in prison and a fine of up to $10,000. Again, the minimum sentence will be set by the Hawaii Paroling Authority unless the person convicted is a repeat offender, used a firearm during the assault, or assaulted a particularly vulnerable person, such as a young child or a person 60 years of age or older.

(Haw. Rev. Stat. §§ 706-640, 706-660, 706-660.1, 706-660.2, 706-669 (2024).)

Other Types of Felony Assaults in Hawaii

Hawaii has specific laws for assaults involving certain victims.

Family or Household Members

As in all states, it's a crime to abuse a family or household member in Hawaii. This type of assault is often referred to as "domestic violence." Domestic violence can be a misdemeanor or a felony depending on the victim's injuries and whether the abuser is a repeat offender. (Haw. Rev. Stat. § 709-906 (2024).)

Law Enforcement Officers

A first-degree assault against a police officer (intentionally causing bodily injury or recklessly causing injury with a dangerous instrument) is a class C felony with a maximum prison sentence of five years and a fine of up to $10,000. Or a judge may sentence an offender to five years probation with a minimum of 30 days imprisonment. (Haw. Rev. Stat. §§ 707-712.5, 706-640, 706.660 (2024).)

A second-degree assault against a police officer (recklessly causing bodily injury) is a misdemeanor with a mandatory minimum of 30 days imprisonment and a maximum sentence of up to one year in jail and a $2,000 fine. (Haw. Rev. Stat. §§ 706.640, 706-663, 707-712.6 (2024).)

Victims With Special Protection

Hawaii punishes people who assault certain types of victims more severely. A typical assault causing bodily injury is a misdemeanor (more on that below). But when you target certain victims, causing any bodily injury is a class C felony.

Singled out for protection are assault victims who are:

• correctional workers
• educational workers
• emergency medical service providers
• people working in mental health facilities
• people protected by restraining orders
• firefighters and lifeguards
• home health care workers
• people 60 years of age or older, and
• sports officials (like umpires, referees, and coaches).

Assaulting an emergency worker during a declared emergency, like a fire or flood, is a class B felony.

(Haw. Rev. Stat. §§ 706.605.6, 707-711, 707-712.7 (2024).)

What Is Third-Degree Assault in Hawaii?

A third-degree assault is simple assault. To convict someone of third-degree assault, a prosecutor would have to prove that person:

• intentionally, knowingly, or recklessly caused bodily injury to another person, or
• negligently caused bodily injury to another person with a dangerous instrument.

Bodily injury includes any physical pain, illness, or impairment.

(Haw. Rev. Stat. §§ 702-206, 707-700, 707-712 (2024).)

Examples of Third-Degree Assault

You can be found guilty of first-degree assault if you:

• purposely punch someone in the face causing a bruise
• recklessly knock someone into a wall causing neck and back pain, or
• carelessly scratch someone with a knife.

Penalties for Third-Degree Assault in Hawaii

Assault in the third degree is a misdemeanor or petty misdemeanor if it happens during a mutual fight or scuffle.

Misdemeanor. A judge can sentence someone convicted of misdemeanor assault to up to one-year imprisonment and a fine of up to $2,000 fine.

Petty Misdemeanor. A judge can sentence someone convicted of a petty misdemeanor to a maximum of 30 days in jail and a fine of up to $1,000.

(Haw. Rev. Stat. §§ 706-640, 707-663 (2024).)

Defenses to Assault Charges in Hawaii

Depending on the circumstances, you might be able to raise an affirmative defense to an assault charge or argue that the prosecutor can't prove the case beyond a reasonable doubt.

Self-Defense

The most common defense to assault charges is self-defense. In Hawaii, you are allowed to use force if you believe that using force is immediately necessary to protect yourself from someone else's aggression. The amount of force you use must be necessary and appropriate. (Haw. Rev. Stat. §§ 703-304 (2024).)

For example, let's say you are feuding with your neighbor, Ben. One day he confronts in the street about cleaning up after your dog. He's yelling and raises his fist. You're afraid that he is going to punch you. You don't have to wait to see if he does. You can use whatever force is necessary to stop him from punching you (pushing, grabbing, punching him first), but you probably can't knock him to the ground and continue to punch him until he's knocked out or use a deadly weapon to stop him.

Factual Innocence

If the facts support it, you can argue that you didn't commit the assault. Maybe an eyewitness incorrectly identified you, or you have an alibi. You'll likely have to do some investigation and have discrediting evidence to back up your claims.

If you've been falsely accused, talk to a lawyer. Don't trust the system to work the way it should. It's better to prevent a wrongful conviction than to try to unwind one.

Lack of Intent

Assault crimes in Hawaii require a prosecutor to prove that the offender acted with a particular mental state—intentionally, knowingly, recklessly, or negligently.

For example, a first-degree assault requires proof that you intentionally or knowingly caused someone serious bodily harm. If the evidence shows that you accidentally caused the injury, the charge will likely have to be dismissed or potentially reduced to a second or third-degree assault.

Level of Harm

Similarly, prosecutors have to prove the exact nature of the victim's injury. Is it serious, substantial, or just a simple bodily injury? If you've been charged with first-degree assault, but the victim's injury is a cut that doesn't require stitches, your attorney can argue that the charge should be dismissed or reduced to a second or third-degree assault.

Talk to a Lawyer

If you're facing assault charges in Hawaii, talk to a criminal defense attorney. If you can't afford to hire a lawyer, ask for a court-appointed lawyer as soon as possible.

An assault conviction can land you behind bars and potentially affect your ability to find a job or housing. A defense attorney can answer your questions about the law, investigate the facts of the case, negotiate a plea bargain if necessary, and advocate for you in court.