Understanding Second-Degree Attempted Murder and First-Degree Assault Charges in Hawaii

When news reports mention charges such as “second‑degree attempted murder” and “first‑degree assault,” readers often wonder what those legal terms actually mean and what penalties they carry. In Hawaii, these offenses are defined by state statutes and are prosecuted under specific procedural rules. This article explains the definitions, potential penalties, the typical legal process, and answers common questions—providing a clear, fact‑based overview for anyone seeking to understand how Hawaii’s criminal justice system handles these serious charges.

Legal Definitions Under Hawaii Law

Second‑Degree Attempted Murder

Under the Hawaii Revised Statutes (HRS) § 707‑701, a person commits attempted murder when, with the intent to cause the death of another, they engage in conduct that constitutes a substantial step toward committing murder but the death does not occur. The statute distinguishes between degrees based on the offender’s mental state and the circumstances:

• First‑degree attempted murder requires premeditation or occurs during the commission of certain felonies (e.g., kidnapping, robbery).
• Second‑degree attempted murder applies when the act is intentional but lacks premeditation or the aggravating factors required for first degree.

The key element is the specific intent to kill; mere recklessness or negligence does not satisfy the offense.

First‑Degree Assault

HRS § 707‑710 defines assault offenses. First‑degree assault is the most serious form and occurs when a person:

• Intentionally or knowingly causes serious bodily injury to another; or
• Uses a dangerous instrument (e.g., a weapon) to cause bodily injury.

“Serious bodily injury” under Hawaii law means injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss or impairment of a bodily function.

Potential Penalties

Penalties for these offenses reflect their severity and are determined by the court after conviction.

Second‑Degree Attempted Murder

Classified as a Class A felony, the offense carries:

• Imprisonment for up to 20 years.
• A fine of up to $50,000.
• Possible restitution to victims for medical expenses, lost wages, or other losses.

First‑Degree Assault

Also a Class A felony, first‑degree assault is punishable by:

• Imprisonment for up to 20 years.
• A fine of up to $50,000.
• Restitution and, in some cases, mandatory participation in anger‑management or substance‑abuse programs.

Judges may consider aggravating or mitigating factors—such as prior criminal history, the victim’s vulnerability, or whether the offense was committed in the presence of a minor—to adjust sentences within the statutory range.

Typical Legal Process in Hawaii

From arrest to sentencing, the prosecution of attempted murder and assault follows a structured sequence:

1. Arrest and Initial Appearance: After an arrest, the defendant is brought before a judge within 48 hours for an initial appearance, where charges are read and bail is considered.
2. Preliminary Hearing: Within 10 days (if in custody) or 20 days (if released), a judge determines whether there is probable cause to believe the defendant committed the offense.
3. Arraignment: The defendant enters a plea (guilty, not guilty, or no contest). If the plea is not guilty, the case proceeds to trial.
4. Discovery and Pre‑Trial Motions: Both sides exchange evidence and may file motions (e.g., to suppress evidence or dismiss charges).
5. Trial: If no plea agreement is reached, the case goes to trial before a judge or jury. The prosecution must prove each element of the offense beyond a reasonable doubt.
6. Sentencing: Upon conviction, the judge imposes a sentence within the statutory limits, considering any presentence report and victim impact statements.
7. Appeal: The defendant may appeal the conviction or sentence to the Intermediate Court of Appeals, and ultimately to the Hawaii Supreme Court.

Recent Authoritative Sources

To ensure accuracy, the following primary sources were consulted:

• Hawaii Revised Statutes § 707‑701 (Attempted murder)
• Hawaii Revised Statutes § 707‑710 (Assault)
• Hawaii State Judiciary – Overview of criminal proceedings
• United States Attorney’s Office, District of Hawaii – Press releases on recent felony cases

Key Takeaways

• Second‑degree attempted murder requires a specific intent to kill and a substantial step toward committing the act; it is a Class A felony punishable by up to 20 years imprisonment.
• First‑degree assault involves intentionally causing serious bodily injury or using a dangerous instrument; it also carries a Class A felony penalty.
• Hawaii’s criminal process moves quickly from arrest to arraignment, with opportunities for plea negotiations, trial, and sentencing.
• Statutory references (HRS §§ 707‑701 and 707‑710) and official judiciary resources provide the most reliable information on these offenses.

Frequently Asked Questions

What is the difference between attempted murder and assault?

Attempted murder focuses on the intent to cause death and a substantial step toward killing, whereas assault concerns causing bodily injury—serious injury elevates the charge to first degree.

Can a person be charged with both attempted murder and assault for the same incident?

Yes. If the defendant’s actions satisfy the elements of both offenses (e.g., intending to kill and causing serious injury), prosecutors may file separate charges.

Is bail typically granted for these charges?

Bail decisions depend on factors such as flight risk, danger to the community, and criminal history. Given the severity, judges may set high bail or deny it altogether.

Where can I find official statistics on felony convictions in Hawaii?

The Hawaii Criminal Justice Data Center publishes annual reports; see ag.hawaii.gov/cpjf/ for the latest data.

Understanding the legal nuances behind charges like second‑degree attempted murder and first‑degree assault helps demystify news reports and informs informed discussions about public safety and justice. By referring to Hawaii’s statutes and official court resources, readers gain a reliable foundation for interpreting how the state addresses these serious offenses.

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