Assault Defense Attorney Hawaii – If you injure another person without legal justification you can be charged with the crime of assault in Hawaii. The crime of assault is divided into two classes of felony assault and one misdemeanor class. It’s important to understand what is involved in each class, as well as the penalties and fines for each type of assault.
Assault Defense Attorney Hawaii
Assault in the State of Hawaii may be charged in three degrees. Assault in the third degree is the least serious offense. In order to be convicted of Assault in the third degree, the government must prove beyond a reasonable doubt that an individual intentionally, knowingly, or recklessly caused bodily injury to another person; or that this individual negligently caused bodily injury to another person with a dangerous instrument. Assault in the third degree is a misdemeanor, punishable by up to a year in jail and a $2,000 fine and restitution unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor, punishable by up to 30 days in jail, $1,000 fine, and restitution.
Assault in the second degree must be proven by the same standard; the government must prove that an individual intentionally or knowingly caused substantial bodily injury to another or that the individual recklessly caused serious or substantial bodily injury to another. Intentional or knowingly causing bodily injury to correctional workers, educational workers, firefighters, emergency medical services providers, mental health workers, and water safety officers may lead to an individual being charged Assault in the second degree. Finally, an individual may be charged with Assault in the second degree if that person intentionally or knowingly caused bodily injury to another with a dangerous instrument. Assault in the second degree is a class C felony punishable up to 5 years in prison, fines, and restitution.
Assault in the first degree must be proven by the same standard, and the government must prove that an individual committed the offense by intentionally or knowingly causing serious bodily injury to another person. Assault in the first degree is a class B felony punishable up to 10 years in jail, fines, and restitution.
Assault charges are serious and very fact-specific. If you are accused of or charged with assault, even as serious as the first degree, do not take this matter lightly. The consequences of a potential assault conviction are severe, and our law firm understands the complexities and most successful strategies for our clients facing assault charges. Call our law firm today and our experienced team of criminal defense attorneys will zealously advocate the best defense for your case.