In the state of Hawaii felonies are classified in classes of A, B, or C. Class A are the most serious of crimes committed in this state. Class B felonies are the second most serious of committed criminal offenses. Class C felony offenses are considered as the least severe. The following are offenses listed according to each classification:
Class A Felonies
These felonies are considered to be crimes of the most serious nature. Offenses considered to be committed in the first degree are crimes classified as premeditated and of the offenders free will. In Hawaii, unlike other states, classifies manslaughter in the same category as murder when the crime is proven to be intentional. Class A felonies are punishable with a prison sentence of a minimum of 20 years to maximum of life. These felonies are subject to fines of no more than $50,000.
The following offenses are considered class A felonies:
- Murder- 1st degree
- Manslaughter- 1st degree
- Kidnapping- 1st degree
- Drug Related Crimes- 1st degree
- Sex Related Crimes- 1st degree
- Rape- 1st degree
- Arson- 1st degree
Class B Felonies
These felonies are considered the second most serious of criminal offenses in the state of Hawaii. These offenses are those that did not result in the death of the victim. This implies that the offenses are not as severe of an offense as those classified as class A felonies. Class B felonies are punishable with a prison sentence of a minimum of 2 years and a maximum of 20 years. These felonies are subject to fines of no more than $25,000.
The following offenses are considered class B felonies:
- Enticing of a minor via computer and/or Internet -1st degree.
- Sexual Assault- 2nd degree
- Promotion of prostitution- 1st degree
- Burglary
- Possession of at least two pounds of marijuana.
- Arson- 2nd degree
- Driving Under the Influence
- Fraud (Financial) involving elderly and/or disabled (mentally and physically).
- Robbery
Class C Felonies
These felonies are considered the least serious of criminal offenses in the state of Hawaii. A portion of these offenses are not considered to be willful or premeditated. For instance negligent homicide in the state of Hawaii is the same basic offense as involuntary manslaughter usually resulting from circumstances beyond the offenders control. Class C felonies are punishable with a prison sentence of a maximum of 5 years. These felonies are subject to fines of no more than $10,000.
The following offenses are considered class B felonies:
- Possession and/or usage of explosives
- Placing electronic fishing devices and/or poisonous substances in state water ways (Rivers, lakes, creeks, oceans).
- Fraud
- Negliegent Homicide- 2nd degree
- Sexual Assault- 3rd degree
- Criminal property damage- 3rd degree
- Theft- 2nd degree
- Obstruction of justice
Expungement
Individuals convicted of class C felonies in the state of Hawaii are eligible to petition the court for expungement of criminal records. Individuals convicted of class A or B felonies are not eligible for expungement. Once records are expunged they are only available for viewing by government, state, or federal officials who have first obtained a court order to do so. The issuance of this court order is based on any recent and/or additional crimes committed by the accused to be used in future criminal proceedings.
