Hawaii Felony: Laws, Penalties, Sentencing, and Records

In Hawaii, a felony is a crime that can lead to a prison sentence of one year or more in a penitentiary. Common examples of felonies include serious crimes against people, like murder, kidnapping, sexual offenses, and aggravated assault.

Hawaii categorizes felonies into three main classes. These include Class A, Class B, and Class C. Murder in the first and second degrees and attempted murder in the first and second degrees are considered unclassified felonies.

What Is Considered a Felony in Hawaii?

Felonies in Hawaii are defined under the Hawaii Revised Statutes (HRS Title 37, Penal Code). Common Hawaii felonies include:

• Violent Crimes: Murder, manslaughter, sexual assault, robbery, kidnapping, and aggravated assault.
• Drug Crimes: Manufacturing, trafficking, or possession of controlled substances with intent to distribute.
• Property Crimes: Arson, burglary, theft of property worth $750 or more, auto theft.
• White-Collar Crimes: Fraud, embezzlement, identity theft, forgery.
• Weapons Offenses: Illegal firearm possession, unlawful use of deadly weapons.

Aggravating factors can turn misdemeanors into felonies. For example:

• In Hawaii, theft below $750 is typically considered a misdemeanor. However, if the theft exceeds $750, it is classified as a felony.
• Assault is classified as a felony if it results in serious bodily harm or if a dangerous weapon is used.

What Is a Felony in Hawaii?

Under Hawaii law, a felony is any crime that could result in a prison sentence longer than one year.

The consequences of being convicted of a felony in Hawaii include:

• Long prison sentences and hefty fines, which vary based on the class of the felony.
• Loss of certain rights, like the right to vote while in prison.
• A permanent criminal record, which can restrict job and housing options.

Felony Classes and Penalties in Hawaii

Hawaii categorizes felonies into three main classes. These include Class A, Class B, and Class C. Murder in the first and second degrees, and attempted murder in the first and second degrees are considered unclassified felonies.

Hawaii Felony Classes

• Murder (Unclassified Felony)
  • Murder is considered the most serious offense in Hawaii.
  • Penalty: This type of felony carries a potential sentence of life imprisonment with or without the possibility of parole.
• Class A Felony
  • Class A felony includes first-degree robbery, first-degree sexual assault, and certain drug trafficking crimes.
  • Penalty: This category of felony carries a potential sentence of up to 20 years in prison.
  • Fine: Offenders may also pay a fine of up to $50,000.
• Class B Felony
  • Class B felony includes manslaughter, burglary in the first degree, and large-scale fraud.
  • Penalty: This category of felony carries a potential sentence of up to 10 years in prison.
  • Fine: Offenders may also pay a fine of up to $25,000.
• Class C Felony
  • Class C felony includes theft over $750, auto theft, and some drug offenses.
  • Penalty: This category of felony carries a potential sentence of up to 5 years in prison.
  • Fine: Offenders may also pay a fine of up to $25,000.

Felony Sentencing Guidelines in Hawaii

Sentencing in Hawaii is determined by statutes, judicial discretion, and aggravating or mitigating circumstances.

Key Sentencing Factors

1. Statutory Ranges: Statutory ranges refer to the mandatory minimum and maximum sentence for each felony offense.
2. Mandatory Minimums: This refers to the minimum prison sentence for each category of felony convictions.
3. Aggravating Factors: These are factors that can increase the severity of a felony sentence. Aggravating factors can include crimes against minors or the elderly, prior violent felonies, and the use of weapons.
4. Mitigating Factors: Mitigating factors are conditions that can reduce the severity of a felony sentence. For instance, a court may reduce a felony sentence if the individual is a first-time offender.
5. Extended Sentences: Courts may impose longer sentences for habitual offenders or those deemed a danger to the community.
6. Probation and Parole: Certain offenders, particularly those charged with Class C or nonviolent Class B felonies, may qualify for probation.

Felony Laws and Procedures in Major Hawaii Cities

Honolulu (Oʻahu, Honolulu County)

The First Circuit Court handles felony prosecutions in Honolulu. This court manages the majority of the state’s felony cases, including violent crime, drug trafficking, and financial crimes. Records are available through the Honolulu Clerk of Court or the Hawaii Judiciary eCourt Kokua system.

Hilo (Hawaiʻi County)

Felony cases in Hilo are heard in the Third Circuit Court. The court manages cases ranging from violent crimes to property offenses common in rural areas. Records can be accessed via the Hawaiʻi County Clerk or online judicial systems.

Wailuku (Maui County)

The Second Circuit Court in Wailuku oversees felony cases for Maui County. This court hears several felony cases, including drug-related offenses and violent crimes. Records are available through the Maui County Clerk’s Office.

How to Search for Felony Records in Hawaii

Hawaii offers public access to felony case records both online and in person.

1. Hawaii Judiciary eCourt Kokua System

The eCourt Kokua portal allows users to search felony case information by name, case number, or attorney. Records typically include:

• Case number and docket history.
• Charges and filing dates.
• Court location.
• Case status and outcomes.

2. Circuit Court Clerks

To get certified case files and full felony records, you need to send your requests to the Circuit Court Clerk’s Office in the county where the felony was prosecuted.

3. Hawaii Criminal Justice Data Center (HCJDC)

The Hawaii Criminal Justice Data Center (HCJDC) maintains official statewide criminal history records. Official background checks require fingerprinting. The background check will show any felony convictions that the record owner has committed.

4. Police Departments

Police departments maintain arrest and incident records, which may include felony charges. These can be requested under Hawaii’s Uniform Information Practices Act (UIPA).

5. Third-Party Background Checks

Private services also provide access to Hawaii felony records. However, the most accurate information comes from official judicial or law enforcement systems.

Open vs. Sealed Records

• Open Records: The majority of felony convictions are public information.
• Expungement: Hawaii allows limited expungement of felony records. You can expunge cases that were dismissed or cases where you were not found guilty. You can also expunge any case where you completed a deferred acceptance of a guilty plea (DAGP).

Why Understanding Felonies in Hawaii Matters

Felony convictions have lasting consequences on the individual. In addition to jail time, an offender risks losing their civil liberties, employment prospects, and professional certifications. Therefore, it is essential for individuals, employers, and organizations to grasp how felonies are classified, prosecuted, and recorded. This will help them navigate Hawaii's justice system effectively.

In Hawaii, felonies are categorized into Class A, B, and C. The sentencing process is influenced by legal ranges, required minimum sentences, and factors that can either worsen or lessen the punishment.

You can look up felony records using the eCourt Kokua portal, Circuit Court Clerks, or the Hawaii Criminal Justice Data Center. This system promotes transparency and allows for some expungement in cases that qualify.