Honolulu Assault in the Second Degree Lawyer

§707-711 Assault in the second degree. (1) A person commits the offense of assault in the second degree if:

• Intentionally, knowingly, or recklessly causes substantial bodily injury to another;
• Recklessly causes serious bodily injury to another;
• The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility.
• Intentionally or knowingly causes bodily injury to another with a dangerous instrument;
• The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility. For the purposes of this paragraph, “educational worker” means: any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function;
• The person intentionally or knowingly causes bodily injury to any emergency medical services personnel who is engaged in the performance of duty. For the purposes of this paragraph, “emergency medical services personnel” shall have the same meaning as in sections 321-222; or
• The person intentionally or knowingly causes bodily injury to a person employed at a state-operated or -contracted mental health facility. For the purposes of this paragraph, “a person employed at a state-operated or -contracted mental health facility” includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of duty at a state-operated or -contracted mental health facility.
• Intentionally or knowingly causes bodily injury to a person who:

  (i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

  (ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;

• Intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty. For the purposes of this paragraph, “firefighter” has the same meaning as in section 710-1012, and “water safety officer” means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions;
• Intentionally or knowingly causes bodily injury to a person who is engaged in the performance of duty at a health care facility as defined in section 323D-2. For purposes of this paragraph, “a person who is engaged in the performance of duty at a health care facility” includes health care professionals as defined in section 451D-2, physician assistants, surgical assistants, advanced practice registered nurses, nurse aides, respiratory therapists, laboratory technicians, and radiology technicians;
• Intentionally or knowingly causes bodily injury to a person who is engaged in providing home health care services, as defined in section 431:10H-201;
• Intentionally or knowingly causes bodily injury to a person, employed or contracted to work by a mutual benefit society, as defined in section 432:1-104, to provide case management services to an individual in a hospital, health care provider’s office, or home, while that person is engaged in the performance of those services; or
• Intentionally or knowingly causes bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury.

(2) Assault in the second degree is a class C felony punishable by up to 5 years in prison, and up to $10,000 in fines.

Assault in the second degree is a serious crime in Hawaii. The consequences of being convicted of this crime will be lifelong. Being convicted of a felony crime can affect future employment, your ability to find a job, your education, and more. When your freedom is on the line it is crucial to consult with an experienced criminal defense attorney to discuss your legal rights and come up with the best defense possible in your case. The lawyers at the Attorneys for Freedom Law Firm have been representing clients charged with felony assault for nearly 3 decades.

Have you been charged with felony assault in Hawaii? If so, call our office at 808-647-2423 to schedule a Strategy Session. Our experienced team of criminal defense assault lawyers have several decades of experience successfully representing people charged with serious assault crimes. contact us or call our office at 808-647-2423 to schedule a Strategy Session.

Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423