Hawaii Criminal Laws

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.

Hawaii Criminal Laws

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:

• Diversion to mental health or drug treatment
• Deferred acceptance of guilty or no contest. Judges may accept a deferred plea if the defendant can complete statutory requirements. Not all criminal offenses qualify for this alternative sentencing.
• Specialty courts. Drug court, veterans court, and family court handle court cases with crimes or defendants unique to those types of courts. The court can direct legal resources to help defendants with issues causing criminal activity.
• Suspended sentences. Judges may sentence a defendant but delay imposing the sentence conditional on the defendant completing probation. Violating probation returns the defendant to prison immediately.

Enhancements and Extended Terms

Hawaii courts may impose enhanced sentences for some felonies and misdemeanors under certain circumstances.

• Repeat offenders may receive an extended term of imprisonment
• Mandatory minimums may be imposed for enumerated felonies and misdemeanors (§ 706-606.5)
• Extended sentences may be ordered in the interest of public safety

Minor Crimes

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:

• Simple trespass
• Parking on sidewalks
• Speeding

Get Legal Advice From a Hawaii Criminal Defense Attorney

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.