Honolulu Assault Lawyers

In Hawaii, you can be charged with the crime of assault if you injure someone without justification. The crime of assault is divided into felony assaults and misdemeanor assaults. These are further broken down into classes, with First-Degree Assault being a Class B felony, Second-Degree Assault being a Class C felony, and Third-Degree Assault being a misdemeanor assault. Important definitions to understand the crime of assault in Hawaii includes the following:

• “Bodily injury” is defined as physical pain, illness, or any impairment of physical condition.
• “Dangerous instrument” is defined as any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.
• “Substantial bodily injury” is defined as an injury which causes a major avulsion, laceration, or penetration of the skin; or a burn of at least second-degree severity; or a bone fracture; or a serious concussion; or a tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs.
• “Serious bodily injury” is defined as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Assault in the third degree is the least serious assault offense. To be convicted of Assault in the third degree, the government must prove beyond a reasonable doubt that a person intentionally, knowingly, or recklessly caused a bodily injury to another person; or that a person negligently caused a 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 requires that the government prove beyond a reasonable doubt either that a person intentionally or knowingly caused a substantial bodily injury to another or that the individual recklessly caused a serious or substantial bodily injury to another. Additionally, intentionally or knowingly causing bodily injury to correctional workers, educational workers, firefighters, emergency medical services providers, mental health workers, or water safety officers may lead to an individual being charged with Assault in the second degree. Finally, an individual may be charged with Assault in the second degree if that person intentionally or knowingly caused a bodily injury to another with a dangerous instrument. Assault in the second degree is a class C felony punishable for up to 5 years in prison, fines, and restitution.

Assault in the first degree requires that the government prove beyond a reasonable doubt that a person intentionally or knowingly caused a serious bodily injury to another person. Assault in the first degree is a class B felony punishable for up to 10 years in jail, fines, and restitution.

Assault charges in Honolulu are serious and very fact-specific. If you are charged with any version of assault, even as serious as the First-degree variety, do not take this matter lightly. The consequences of a potential assault conviction are severe.

If you have been charged with any type of assault crime in Honolulu, HI, contact us or 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 the crime of assault.

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