What are the penalties for a felony in Hawaii?

Felony penalties in Hawaii range from 0–5 years for the lowest class to 20 years for the most serious. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Hawaii have a speedy trial requirement?

Hawaii does not have a fixed-day speedy trial clock. Hawaii Rules of Penal Procedure Rule 48: trial must commence within a deadline set by court rule, measured from arrest, charge, or initial appearance. Excludes delays attributable to defendant. Violation results in dismissal. Confirm the current deadline with a lawyer.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year). Misdemeanors carry county jail time (up to 1 year) [§ 706-663]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Hawaii Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Hawaii?

Yes, for eligible offenses [§ 831-3.2]. Waiting periods: 5 years from date of conviction (misdemeanor); immediate for dismissed/acquitted cases. Hawaii allows expungement for certain first-time drug offenses and dismissed charges under [§ 831-3.2]. Felony convictions have very limited eligibility. Deferred acceptance of guilty plea (DAGP) allows dismissal after successful deferral period.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Hawaii.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Hawaii Criminal Process — Step by Step Your Rights in an Hawaii Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Hawaii classifies criminal offenses

Hawaii divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: 20–20 years, up to $50,000 fine - Class B felony: 0–10 years, up to $25,000 fine - Class C felony: 0–5 years, up to $10,000 fine

Misdemeanor classifications §706-663

Class Standard misdemeanor: up to 12 months, $2,000 fine - Class Petty misdemeanor: up to 6 months, $1,000 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §706-640 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §706-663	State prison (1 year or more)
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §831-3.2	Fewer offenses eligible §831-3.2

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §803-5. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. Hawaii Rules of Penal Procedure Rule 5 governs initial appearance. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Hawaii Constitution Art. I, § 12 guarantees bail for all offenses. Bail amount set considering danger to community and flight risk. Hawaii Revised Rules of Penal Procedure govern pretrial release. Pretrial detainment requires specific judicial findings. §804-1 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Hawaii.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Hawaii has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §802-1 et seq.. Office of the Public Defender is a state agency providing defense statewide through offices on Oahu, Maui, Hawaii Island, and Kauai.
Right to a speedy trial — Hawaii does not set a fixed number of days for speedy trial. Hawaii Rules of Penal Procedure Rule 48: trial must commence within a deadline set by court rule, measured from arrest, charge, or initial appearance. Excludes delays attributable to defendant. Violation results in dismissal. Confirm the current deadline with a lawyer.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Hawaii: Felony A: up to 10 years; Felony B: up to 5 years; Felony C: up to 4 years; Misdemeanor: up to 1 year.

⚠Hawaii has a habitual offender law §706-606.5. Hawaii does not have a traditional three-strikes law but mandates minimum terms for repeat offenders under §706-606.5. Persistent offenders face enhanced mandatory minimums based on prior felony convictions.

Clearing your record

Hawaii does allow certain criminal records to be sealed or expunged §831-3.2. Waiting periods: 5 years from date of conviction (misdemeanor); immediate for dismissed/acquitted cases. Hawaii allows expungement for certain first-time drug offenses and dismissed charges under §831-3.2. Felony convictions have very limited eligibility. Deferred acceptance of guilty plea (DAGP) allows dismissal after successful deferral period.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §712-1243 et seq.. Marijuana possession: Legal (up to 1 oz recreational per Act 228, 2024); civil fine for minor excess; criminal for larger amounts or distribution without license.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §707-710 et seq.. Domestic violence offenses carry additional consequences including protective orders.

Theft and property crimes

Classification depends on the value of property taken §708-831. Felony threshold: $750 (Class C felony for $750–$19,999, §708-831).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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