Best Assault & Battery Lawyers in Hawaii

About Assault & Battery Law in Hawaii, United States

Assault and battery are criminal offenses in Hawaii that involve causing, or attempting to cause, bodily harm or offensive physical contact to another person. In Hawaii, these offenses are governed by the Hawaii Revised Statutes (HRS) under Chapter 707, which pertains to offenses against persons. The terms "assault" and "battery" are often used together, but in Hawaii, the law specifically outlines various degrees of assault based on the seriousness of the harm involved. These charges can range from misdemeanors to felonies, depending on the circumstances and the extent of injury.

Why You May Need a Lawyer

If you are involved in an assault or battery situation in Hawaii, whether as a victim or a defendant, legal representation can be essential. Common reasons to seek legal help include:

• Being accused or charged with assault
• Victim of physical harm seeking justice or compensation
• Facing civil lawsuits for damages resulting from alleged assault
• Needing to navigate the criminal justice system, including bail or protective orders
• Wanting to understand your rights and legal options
• Avoiding severe penalties such as jail time, fines, or a criminal record
• Negotiating plea agreements or reduced charges
• Addressing misunderstandings about intent or self-defense claims

An experienced attorney can help you protect your interests, ensure fair treatment, and guide you through the complexities of Hawaii law related to assault and battery.

Local Laws Overview

Hawaii classifies assault into three main degrees based on the severity of the alleged act:

• Assault in the First Degree: Involves intentionally or knowingly causing serious bodily injury to another person. This is a class B felony.
• Assault in the Second Degree: Involves causing substantial bodily injury, causing bodily injury with a dangerous instrument, or to certain protected classes (such as police officers). This is a class C felony.
• Assault in the Third Degree: Involves causing bodily injury or causing pain or illness by physical contact. This offense is typically a misdemeanor, but can be a petty misdemeanor in minor cases.

Hawaii does not have a separate offense called "battery," but actions that would traditionally be considered battery (making unwanted or harmful physical contact) fall within the definitions of assault in the state’s statutes.

Penalties for assault convictions can range from fines and probation to lengthy prison sentences, depending on the degree of the offense and any aggravating factors. In addition, victims may pursue civil action for damages alongside or separate from criminal proceedings.

Self-defense and defense of others are recognized as valid legal defenses if the force used was reasonable and necessary under the circumstances. Each case is unique and depends on specific facts, which is why legal guidance is highly recommended.

Frequently Asked Questions

What is the difference between assault and battery in Hawaii?

Hawaii’s criminal code primarily uses the term "assault" to describe both the threat of harm and actual physical contact causing harm. The state does not separately prosecute "battery"; all such actions are considered under varying degrees of assault.

What are the penalties for assault in Hawaii?

Penalties depend on the degree of assault. First degree is a class B felony with up to 10 years in prison. Second degree is a class C felony, punishable by up to 5 years in prison. Third degree is a misdemeanor or petty misdemeanor, usually involving jail time up to 1 year or fines.

Can I be charged if I was defending myself?

Self-defense is a possible legal defense if you used reasonable force to protect yourself from harm. It must be proven that your actions were necessary under the circumstances. An attorney can help present this defense effectively.

Do I need a lawyer if I am falsely accused of assault?

Yes, a lawyer can help you gather evidence, build a defense, and protect your rights. False accusations are taken seriously and legal representation is important for the best outcome.

What happens if the victim decides not to press charges?

Once law enforcement is involved, the decision to prosecute is made by the prosecutor, not the victim. Victims can express their wishes, but the state may proceed with charges regardless.

Can assault charges be dropped or reduced?

In some cases, charges can be dropped or reduced through negotiation, lack of evidence, witness recantation, or successful legal defense. Your attorney will work to achieve the best possible outcome.

Can a minor be charged with assault in Hawaii?

Yes, minors can be charged with assault. Cases involving juveniles are usually handled in family court, with an emphasis on rehabilitation, but serious cases can be transferred to adult court.

How does a criminal record for assault affect employment and other rights?

A criminal conviction can impact your ability to find employment, housing, or obtain certain licenses. Felony convictions, in particular, carry serious long-term consequences.

Is it possible to expunge an assault conviction in Hawaii?

Some misdemeanor and petty misdemeanor convictions may be eligible for expungement, especially if certain conditions are met. Felony convictions are typically not eligible. An attorney can advise you on your specific situation.

Are there alternatives to jail for assault charges in Hawaii?

Depending on the case and degree of offense, alternatives such as probation, counseling, or community service may be possible, especially for first-time or low-level offenders.

Additional Resources

If you need more information or immediate assistance regarding assault and battery in Hawaii, consider the following resources:

• Hawaii State Judiciary (provides general information about the court system and legal forms)
• Office of the Public Defender (offers representation for those who cannot afford a private lawyer)
• Hawaii Crime Victim Compensation Commission (assists victims of violent crimes with expenses)
• Honolulu Police Department Victim Services Unit (offers support and referral resources)
• Hawaii State Bar Association Lawyer Referral & Information Service (connects you with qualified attorneys)
• National Domestic Violence Hotline (for advice and support if assault is related to domestic violence)

Next Steps

If you or someone you know is facing an assault and battery issue in Hawaii, you should:

• Ensure everyone’s immediate safety and seek medical help if needed.
• Contact law enforcement if a crime has occurred or is occurring.
• Gather and preserve evidence, such as photos of injuries or witness statements.
• Refrain from making statements to the police without consulting a lawyer if you are a suspect.
• Consult a licensed attorney experienced in Hawaii criminal law as soon as possible;
• Explore additional support options, like counseling or victim’s services, as appropriate.

The sooner you seek legal assistance, the better your chances of effectively protecting your rights and interests. An attorney can guide you through the process and help you navigate the complexities of the law in Hawaii.