Assault is a legal concept that addresses physical harm or the threat of harm against another person. In Hawaii, the law categorizes assault into different degrees, determined by the severity of the injury, the perpetrator’s state of mind, and other circumstances. This article will focus on the offense of Assault in the Second Degree, providing a look into how it is defined and prosecuted under Hawaii law.
Legal Definition of Assault in the Second Degree in Hawaii
Assault in the Second Degree is a serious offense formally defined under Hawaii Revised Statutes. The law classifies this crime as a Class C felony, distinguishing it from less severe misdemeanor assaults and more severe first-degree felony assaults.1Justia. Hawaii Revised Statutes § 707-711 – Assault In The Second Degree The statute outlines specific circumstances for this charge, involving causing a specific level of injury, sometimes with a dangerous instrument, or directing an assault against certain protected individuals. The prosecution must prove the required level of injury and the mental state of the accused for a conviction.
Specific Actions Classified as Assault in the Second Degree
The statute details several distinct actions that constitute Assault in the Second Degree. One primary way this offense is committed is by intentionally, knowingly, or recklessly causing “substantial bodily injury” to someone. Substantial bodily injury is an injury that causes a major avulsion, laceration, or penetration of tissue; a second-degree burn; a bone fracture; a serious concussion; or corrosive damage to internal organs.2Justia. Hawaii Revised Statutes § 707-700 – Definitions Of Terms In This Chapter
Another form of the offense involves recklessly causing “serious bodily injury” to another person. This is an injury that creates a substantial risk of death, causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. The required mental state is recklessness, meaning the person consciously disregards a substantial and unjustifiable risk that their conduct will cause this result.
The statute also criminalizes causing bodily injury with a “dangerous instrument.” Furthermore, the law provides specific protections for certain professionals and vulnerable individuals. Intentionally or knowingly causing bodily injury to people engaged in their duties can lead to a second-degree assault charge. This protection extends to:
- Correctional workers
- Educational workers
- Emergency medical services personnel
- Health care workers at a health care facility
- Staff at a mental health facility
- Sports officials
- Individuals who are sixty-five years of age or older
Penalties and Consequences of a Conviction
A conviction for Assault in the Second Degree carries significant legal penalties as a Class C felony in Hawaii. An individual found guilty of this offense faces a potential prison sentence of up to five years.3Justia. Hawaii Revised Statutes § 706-660 – Sentence Of Imprisonment For Class B And C Felonies In addition to potential incarceration, a conviction can result in substantial financial penalties, including a fine of up to $10,000. The court may also order the convicted individual to pay restitution to the victim to compensate for economic losses from the assault, such as medical expenses or lost wages.4Justia. Hawaii Revised Statutes § 706-646 – Victim Restitution
Beyond imprisonment and fines, a felony conviction has lasting consequences. An individual with a felony record may face challenges in securing employment or finding housing. A felony conviction can also result in the loss of certain civil rights, including the right to own or possess a firearm.5Justia. Hawaii Revised Statutes § 134-7 – Ownership, Possession, Or Control Prohibited, When; Penalty
Navigating the Aftermath: Reporting and Accusations
For individuals who have been victims of or have witnessed an assault, the first step is to report the incident to the authorities. This can be done by calling 911 in an emergency or by contacting the local county police department for non-emergency situations. Providing a clear and detailed account of the events is important for the subsequent investigation.
If a person is accused of committing Assault in the Second Degree, they will face a formal legal process that usually begins with an arrest and booking procedure. During this time, it is important for the accused to understand their constitutional rights, including the right to remain silent and the right to have an attorney present during questioning. Given the seriousness of a Class C felony charge, anyone accused of this offense is advised to seek legal counsel from a qualified criminal defense attorney.