Class A (First-degree) Felony in Hawaii

Under Hawaii law, felonies are not categorized by degree. Rather, they are divided into classes, named Class A, Class B, and Class C felonies, under Hawaii Revised Statutes (HRS) §706-610. The degree classification is used to denote severity in cases of serious crimes. Some first-degree felonies in Hawaii, such as first-degree murder, are considered unclassified felonies and have more severe penalties than Class A felonies. For example, murder in the first degree is used to denote the most severe form of the crime in Hawaii. Class A felonies, on the other hand, are the general class for the most serious form of felony offense in Hawaii.

Public Access to Class A(First-degree) Felony Records in Hawaii

Records of Class A felonies in Hawaii are typically public information that may be requested and copied by the general public. This means, unless the information is exempt by law, record seekers are free to obtain it from the appropriate custodian. Records and information that may be exempt include the following:

• Sensitive information like victim details, medical records, and social security information
• Sealed or expunged records
• Juvenile criminal records are restricted

Interested parties may access felony court records using the following options:

• Contact the County Clerk of the Circuit Courts at the county where the case was heard. Record seekers can make requests in person or by mail. Public access terminals may also be available for self-service. Although viewing the records may be free, physical copies will always cost a fee for printing and certification.
• Record seekers may also look up records online using the Hawaii Judiciary online database. The eCourt Kokua website provides public access to court case information from various courts, including district and circuit courts. Users may be required to purchase a subscription to view dockets and download copies of public court records.
• Felony records may also be available via criminal history checks from the Hawaii Criminal Justice Data Center (HCJDC). Record seekers will be able to request name-based searches for $30 per name. Searches can also be made online for a fee on the Hawaii eCrime Portal.

Note: Besides felonies, other types of crimes can be found in criminal court records.

Common Crimes Classified as Class A(First-degree) Felonies in Hawaii

Under Hawaii law, the most serious felonies are the unclassified felonies and Class A felonies. The unclassified felonies are the most severe offenses with the harshest penalties, followed by the class A felonies. These may range from life imprisonment to long prison sentences with chances at parole. Examples of these felonies include the following:

• Homicide(murder): This is the intentional taking of the life of a person, law enforcement officer, witness, or abductee. It also includes the taking of a life while committing another felony. According to data on the FBI Crime Data Explorer, in 2024, 61 murders and non-negligent manslaughter cases were reported in Hawaii.
• Robbery in the first-degree: A person commits this offense when, in the course of committing theft, they attempt to kill or inflict serious harm on another with a deadly weapon. In 2024, 686 robberies were reported to the FBI database.
• Rape/Sexual assault: this is subjecting another person or a minor under 14 years to a sexual act by strong compulsion without their consent. This also includes disabled or mentally defective persons. According to the 2024 crime statistics on the FBI Crime Data Explorer, 570 rapes and sexual assaults were reported in Hawaii.
• Kidnapping: This is the intentional abducting or restraining of a person for illegal purposes, including forced labour, ransom, terrorism, and as a shield or hostage. The data on the FBI Crime Data Explorer shows that 297 kidnappings were reported for Hawaii in 2024.

Prison Sentences and Fines for Class A(First-degree) Felonies in Hawaii

Sentences for the most serious felonies in Hawaii, such as the unclassified felonies and Class A offenses, are governed by state penal codes. HRS §706-656 sets the terms of imprisonment for the unclassified felonies as life imprisonment without parole. The sentencing for Class A felonies is governed by the terms set in HRS §706-659. Class A felons may be eligible for parole in some cases after serving a minimum amount of their sentence, determined by the Hawaii Parole Authority. Fines may also be included as part of the sentence and determined at the court's discretion.

The imprisonment terms on Class A felonies may be extended because of aggravating factors, including the following:

• Use of a deadly weapon
• Death or serious harm to the victim
• The victim being elderly, disabled, or a minor

Due to the above factors, jail time may be extended, fines may be increased, and defendants may lose their right to parole.

What is the Maximum Sentence for a Class A(First-degree) Felony in Hawaii?

The maximum sentence for a felony in Hawaii is life imprisonment without parole. This sentence is typically reserved for the unclassified felonies, such as murder in the first degree. For Class A felonies, the maximum penalty is 20 years' imprisonment. Under Hawaii law, the terms of imprisonment may be extended up to life imprisonment for Class A offenses if the case and the criminal meet the following criteria:

• The defendant is a multiple offender and has been arrested and sentenced for two or more prior felonies.
• The crime was committed using a firearm or another dangerous weapon.
• Although Hawaii does not have separate hate crime laws, such motivation may be considered during sentencing.
• If the crime was committed against vulnerable parties such as minors, the elderly, or the handicapped, it may trigger enhanced sentences.
• If the defendant was involved in organised crime or large-scale drug trafficking

What is First-Degree Murder in Hawaii?

Although the name suggests that first-degree murder is a first-degree felony, Hawaii does not classify it as such. In Hawaii, murder is one of the unclassified felonies. It is the most serious form of crime and is treated differently from the class structure used for other felonies.

HRS § 707-701 defines specific circumstances as murder in the first-degree, including the following:

• The killing of more than one person in the same or multiple incidents
• Killing a law enforcement officer(police, prosecutor, or judge) for performing their duty
• Killing a witness in a criminal prosecution or family court because of their status as a witness
• A hired killing(both the killer and the person who hired them will be charged)
• Killing a person while imprisoned
• Killing a person whom the defendant restrained for ransom or as a hostage

As an unclassified felony, first-degree murder is considered more severe than any type of crime, and the law mandates a sentence of life imprisonment without possibility of parole. This is the highest form of punishment available, as Hawaii does not have the death penalty.

Can Class A(First-degree) Felony Records Be Sealed or Expunged in Hawaii?

Sealing and expungement are procedures that restrict criminal records from public access. While expungement destroys a record, sealing hides it from public view, but law enforcement retains access to the record.

Under Hawaii’s Expungement laws, a felony charge qualifies for expungement; there was no conviction, and it meets the following:

• The arrest or charge was not filed by the prosecutor
• The charges were dismissed
• The defendant was acquitted after a trial
• Juvenile records may be sealed/expunged

Serious felony convictions, such as unclassified felonies and Class A felonies, do not qualify for sealing or expungement. Such serious crimes cannot be restricted and are considered permanent records. A Governor’s Pardon is one of the few exceptions that may allow a serious felony record to be expunged.

Difference Between Class A(First-degree) and Class B Felonies in Hawaii

In Hawaii, felonies are classified from Class A to C, with Class A being some of the most serious offenses and Class B following behind. There are also the unclassified felonies, which are the most serious crimes, such as first-degree murder. Below is a comparison of these classes, highlighting sentencing, severity, and examples.

The unclassified are the most severe felonies according to Hawaii law. They include murder in the first and second degrees and attempted murder. Under the HRS § 707-701, defendants will be sentenced to life without parole for first-degree murder and life with parole for second-degree murder, respectively.

Class A felonies include kidnapping, sexual assault, and drug trafficking. Under HRS § 706-659, offenders can be sentenced up to 20 years for Class A felonies. Next in severity are Class B felonies, which include Burglary, Assault in the first degree, and fraud. Offenders can be sentenced up to 10 years in prison for Class B felonies under HRS § 706-660.

Statute of Limitations for Class A(First-degree) Felony Charges in Hawaii

The term Statute of Limitations refers to the legal time limit a prosecutor has to file criminal charges against a person. These deadlines were installed to ensure fairness and balance the need for a quick trial with justice for the victim. It also makes trials take place when evidence and testimony are fresh and unaltered.

In Hawaii, the statutes of limitations differ according to the type and severity of the offense. Under HRS § 701-108(1), unclassified felonies such as murder and attempted murder have no statute of limitations, and charges can be filed at any time. Hawaii Revised Statutes § 701-108(2)(b) sets the statute of limitations for Class A felonies at 6 years, and these felonies must be prosecuted within that time.

Probation and Parole Eligibility for Class A(First-degree) Felonies in Hawaii

Parole is a form of early release permitted after a defendant has served part of their sentence in prison. On the other hand, probation is a form of court-ordered supervision imposed instead of a prison sentence. Under Hawaii law, probation may be allowed for certain Class A felonies; however, it is unavailable for any of the unclassified felonies, such as first-degree murder.

Parole is available for Class A felonies. The Hawaii Paroling Authority sets the minimum sentence before the defendant is eligible for parole. Among the unclassified felonies, only offenses carrying the life imprisonment with parole sentence are eligible for parole.

Impact of a Class A(First-degree) Felony Conviction on Criminal Records in Hawaii

A felony conviction in Hawaii affects a person long after their sentence has been completed. This is because felonies are part of Hawaii’s criminal history database and usually public information. They are highly visible records and available to employers, housing authorities, and government agencies unless they are sealed or expunged.

Some ways a felony conviction record may affect a person include the following:

• A person’s housing prospects may be affected by private landlords denying housing applications after finding a violent or drug-related felony after a background check.
• A felony conviction found after a background check during a job application process may disqualify the applicant from jobs in finance, healthcare, education, and government jobs involving trust, safety, and security clearances.
• Under both federal and Hawaii’s state laws, a felony conviction leads to the loss of Second Amendment rights. This means the loss of the right to own, carry, or possess firearms and ammunition.
• A non-citizen convicted of a felony may be deported after their sentence. A conviction, the record may also lead to denial of citizenship or inadmissibility for naturalization.
• People in jail for a felony in Hawaii lose their right to vote while they are in jail. However, the right is usually restored upon completion of the sentence.