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By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 26, 2025
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Each state sets its own criminal laws and statutes. The Hawaii penal code resembles most other U.S. states but has some unique aspects. Because of Hawaii's isolated position in the Pacific Ocean, the state has some of the toughest gun laws in the nation (Hawaii Revised Statutes §134-1 et seq.). When it's time for parole, Hawaii's parole authority determines eligibility rather than the sentencing judge.
In general, the Hawaii court system functions like those on the mainland. State laws cover crimes against people, families, and property.
Hawaiian law divides felony crimes (§ 701-107) into three classes based on the sentence length. A few of the most serious felonies, such as first-degree murder, get life without parole or life with parole. Other felony sentences descend in severity.
Class A felonies get up to 20 years in prison. They include crimes like kidnapping, robbery, sexual offenses, and manslaughter.
Class B felonies get up to 10 years in prison. Crimes include first-degree theft, burglary, and forgery.
Class C felonies get up to five years in prison. Second-degree assault, third-degree arson, and third-degree sexual assault are such felonies.
Felony crimes receive fines up to $50,000 at the presiding judge's discretion.
Misdemeanors and petty misdemeanors
These offenses have sentences of less than one year in jail and fines of up to $2,000. Petty misdemeanors have a maximum sentence of 30 days in jail. Courts have more options than incarceration for sentencing misdemeanor offenders, including:
Hawaii courts may impose enhanced sentences for some felonies and misdemeanors under certain circumstances.
Violations or infractions have no penalty beyond a fine or civil forfeiture. Infractions are not crimes, and an infraction creates no civil disabilities as a result of conviction. Most infractions are traffic offenses and include:
Criminal proceedings in any court need a lawyer who knows the state laws. If you need legal advice in a criminal matter, contact a Hawaii criminal defense attorney for help in court and afterward.