An attempted manslaughter charge in Hawaii means someone is accused of trying to kill another person, often under circumstances of extreme mental or emotional disturbance. This serious accusation leads to significant legal and personal consequences. Understanding how Hawaii handles this offense is important. This article explains the key aspects of attempted manslaughter in Hawaii, including its legal definition and court procedures.
Criminal Intent Requirements
Criminal intent is a key part of an attempted manslaughter charge in Hawaii. State law (Hawaii Revised Statutes section 705-500) defines a criminal attempt as intentionally taking a substantial step towards committing a crime, with the intent for it to be completed.1Justia Law. Hawaii Revised Statutes § 705-500 (2024) – Criminal Attempt
Manslaughter, under Hawaii Revised Statutes section 707-702, has two forms: recklessly causing another’s death, or intentionally or knowingly causing death while under an extreme mental or emotional disturbance (EMED) with a reasonable explanation.2Justia Law. Hawaii Revised Statutes § 707-702 (2024) – Manslaughter A conflict exists with reckless manslaughter because recklessness (consciously disregarding a substantial risk, per HRS section 702-206) is different from the intent needed for an attempt. One cannot intend to act recklessly.
Because of this, Hawaii law does not recognize attempted reckless manslaughter. An attempted manslaughter charge applies to an attempt to commit the second form: intentionally or knowingly trying to cause death, but under circumstances of EMED. The prosecution must prove the defendant intended to cause death, with EMED serving as a mitigating factor that would reduce a completed killing from murder to manslaughter. The Hawaii Supreme Court affirmed in State v. Pone that a conviction for attempted manslaughter (the EMED type) requires proof of intent to cause death, and it is legally impossible to attempt a crime defined by reckless conduct.3Justia Law. State v. Pone (1995)
Legal Classification and Sentencing
Attempted manslaughter in Hawaii is a class B felony because it is an attempt to commit manslaughter, which is a class A felony. This classification determines the potential penalties.
A conviction for a class B felony can result in a prison term of up to ten years (Hawaii Revised Statutes section 706-660).4Justia Law. Hawaii Revised Statutes § 706-660 (2024) – Sentence of Imprisonment for Class B and C Felonies The actual time served depends on judicial discretion and parole board decisions. Courts may also impose a fine up to $25,000 for a class B felony (Hawaii Revised Statutes section 706-640).5Justia Law. Hawaii Revised Statutes § 706-640 (2024) – Authorized Fines
Other sentencing factors include probation, where an individual is supervised in the community under specific conditions. Courts can also impose extended prison terms if the defendant is a persistent or multiple offender, or if it’s deemed necessary for public protection. Restitution to victims for their losses is mandated by Hawaii Revised Statutes section 706-646 and is separate from fines.6Justia Law. Hawaii Revised Statutes § 706-646 (2024) – Victim Restitution
Court Proceedings
An attempted manslaughter case in Hawaii follows several court stages. After an arrest, an initial court appearance occurs promptly. During this appearance, the defendant is informed of the charges, constitutional rights (including right to counsel and a preliminary hearing for felonies), and bail is addressed.
Formal felony charges like attempted manslaughter can be initiated through a grand jury indictment or a felony complaint followed by a preliminary hearing in district court (Hawaii Revised Statutes section 801-1).7Justia Law. Hawaii Revised Statutes § 801-1 (2024) – Indictment, Complaint, or Information If probable cause is found, the case moves to circuit court for arraignment, where the defendant enters a plea: not guilty, guilty, or no contest.
The pre-trial phase involves discovery, where both sides exchange evidence, and may file pre-trial motions on issues like suppressing evidence. Hawaii law provides for a speedy trial, requiring trial to start within six months of arrest or charging, with some allowances for delays.
If the case goes to trial, the defendant has a right to a jury. The trial involves several stages:
- Jury selection
- Opening statements
- Evidence presentation
- Witness cross-examination
- Closing arguments
- Jury instructions
The prosecution must prove guilt beyond a reasonable doubt. A guilty verdict leads to sentencing; a not guilty verdict results in acquittal.
Defenses
Individuals charged with attempted manslaughter in Hawaii have several legal defenses. A common strategy is to challenge the prosecution’s proof that the accused took a substantial step towards manslaughter and had the required criminal intent.
Justification defenses, under Chapter 703 of the Hawaii Revised Statutes, are relevant. Self-defense (Hawaii Revised Statutes section 703-304) allows using force if reasonably believed necessary for immediate self-protection.8Justia Law. Hawaii Revised Statutes § 703-304 (2024) – Use of Force in Self-Protection Deadly force is justifiable under specific conditions, like protecting against death or serious bodily injury. Similar rules apply to defending others. The necessity defense (or choice of evils) may apply if the conduct was needed to avoid a greater harm.
The defendant’s mental state at the time of the offense can also be a defense. While extreme mental or emotional disturbance (EMED) is a mitigating factor for attempted manslaughter, legal insanity (Hawaii Revised Statutes section 704-400) can negate criminal responsibility if a condition meant the defendant couldn’t appreciate the wrongfulness of their conduct or conform to law.9Justia Law. Hawaii Revised Statutes § 704-400 (2024) – Physical or Mental Disease, Disorder, or Defect Excluding Penal Responsibility A mental condition not meeting the insanity standard might still challenge the specific intent requirement. Intoxication is not a defense unless it was involuntary or, if self-induced, it negated the required intent to kill.
An affirmative defense of renunciation can apply if the defendant completely and voluntarily abandoned their criminal effort before the crime occurred, showing a genuine change of heart.
Collateral Consequences
A conviction for attempted manslaughter in Hawaii brings lasting collateral consequences beyond formal sentencing, significantly impacting an individual’s life.
Future employment prospects can diminish, as many employers conduct background checks, and a felony conviction for a violent crime is a major obstacle. The ability to obtain or maintain professional licenses in fields like healthcare, education, or law may be affected, as licensing boards can deny, suspend, or revoke licenses based on such convictions.
Securing housing can become harder, with landlords often using background checks. A felony record may lead to application denials. Civil rights are also impacted; individuals incarcerated for a felony lose the right to vote (restored upon final discharge from imprisonment) and are disqualified from jury service unless civil rights are restored.
One of the most significant consequences involves firearm possession. Hawaii Revised Statutes section 134-7 prohibits anyone convicted of a felony from owning, possessing, or controlling any firearm or ammunition.10Justia Law. Hawaii Revised Statutes § 134-7 (2024) – Ownership, Possession, or Control Prohibited, When; Penalty This is a lifetime ban, reinforced by federal laws. For non-U.S. citizens, a conviction can lead to severe immigration issues, including deportation or denial of naturalization, as attempted manslaughter may be considered an aggravated felony or a crime involving moral turpitude under federal immigration law.