Hawaii Felony Classes and Misdemeanor Penalties (2026)

Hawaii law makes a crime a felony if the Code, or a statute outside the Code enacted after it, designates it one, or if a person convicted of it may be sentenced to imprisonment for more than one year (HRS 701-107(2), as amended by Act 151, SLH 2026). Crimes come in three grades, felonies, misdemeanors and petty misdemeanors, with felonies made up of first and second degree murder, attempted murder and classes A, B and C (HRS 701-107(1), 706-610(1)), while violations are fine-only offenses that are not crimes (HRS 701-107(5)).

For other states and the federal classes, see felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Hawaii Penal Code's grades and classes of offenses (HRS 701-107, 706-610), the sentencing and fine sections for each grade (HRS 706-640, 706-656, 706-659, 706-660, 706-663), the repeat-offender, firearm and extended-term statutes (HRS 706-606.5, 706-606.6, 706-660.1, 706-661, 706-662, 707-712.2), and the probation statutes (HRS 706-620 to 706-625), including changes made by Acts 143, 151, 155 and 192 of 2026. It does not cover how specific offenses are graded (see the linked theft and assault pages), time limits for charging, record clearing, juvenile proceedings, federal offenses or county ordinances.

Felony vs misdemeanor in Hawaii

HRS 701-107 sets the grades. Subsection (1) provides:

"An offense defined by this Code or by any other statute of this State for which a sentence of imprisonment is authorized constitutes a crime. Crimes are of three grades: felonies, misdemeanors, and petty misdemeanors. Felonies include murder in the first and second degrees, attempted murder in the first and second degrees, and the following three classes: class A, class B, and class C." (HRS 701-107(1))

A crime is a felony if it is designated one in the Code or in a statute outside the Code enacted after it, or if a person convicted may be sentenced to more than one year of imprisonment (HRS 701-107(2), as amended by Act 151, SLH 2026, effective September 1, 2026). The two lower grades are defined this way:

"(3) A crime is a misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto, or if it is defined in a statute other than this Code which provides for a term of imprisonment the maximum of which is one year. (4) A crime is a petty misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto, or if it is defined by a statute other than this Code that provides that persons convicted thereof may be sentenced to imprisonment for a term not to exceed thirty days." (HRS 701-107(3), (4))

A petty misdemeanor is still a crime. Only a violation sits outside the criminal grades.

Hawaii felony and misdemeanor classes and sentences

These are the terms for the grade or class itself. HRS 706-606.5 (repeat felony and misdemeanor offenders), HRS 706-660.1 (firearms) and HRS 706-661 and 706-662 (extended terms) set mandatory minimums or higher maximums for some convictions, described below.

The fine ceilings in HRS 706-640(1) are not absolute. A court may instead impose "any higher amount equal to double the pecuniary gain derived from the offense by the defendant," or "any higher or lower amount specifically authorized by statute" (HRS 706-640(1)(f), (g)).

How a Hawaii felony sentence is set: indeterminate terms

Hawaii felony sentences are built around indeterminate terms rather than a guideline grid. For a class B or C felony, "the court shall impose the maximum length of imprisonment," 10 or 5 years, and "the minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669" (HRS 706-660(1)). The same structure applies to class A felonies (HRS 706-659).

Under HRS 706-669(1), when a person has been sentenced to an indeterminate or extended term, the Hawaii paroling authority must, "no later than six months after commitment," hold a hearing and "make an order fixing the minimum term of imprisonment to be served before the prisoner shall become eligible for parole." The court's maximum is the outer limit; how much of it is served before parole eligibility is set by the paroling authority.

Class A felonies and murder

A person convicted of a class A felony, other than class A felonies in chapter 712, part IV or HRS 707-702, "shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation" (HRS 706-659).

Murder sits above the classes. Persons 21 or older at the time of the offense who are convicted of first degree murder or first degree attempted murder "shall be sentenced to life imprisonment without the possibility of parole," and persons under 21 receive life with the possibility of parole (HRS 706-656(1)). As part of a life-without-parole sentence, the court orders the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute it to life with parole at the end of 20 years, and a repeat offender under HRS 706-606.5 must still serve the applicable mandatory minimum (HRS 706-656(1)). Second degree murder and attempted second degree murder carry life with the possibility of parole, "except as provided in section 706-657, pertaining to enhanced sentence for second degree murder" (HRS 706-656(2)). Act 152, SLH 2025 set the age threshold at 21 in these sections and barred life without parole for any person under 21 at the time of the offense. The Hawaii life sentence page explains how life terms work.

Repeat offenders: HRS 706-606.5

A person convicted of second degree murder or attempted second degree murder, any class A or class B felony, or a class C felony listed in HRS 706-606.5, who has qualifying prior felony convictions, receives "a mandatory minimum period of imprisonment without possibility of parole during that period" (HRS 706-606.5(2)):

The minimum applies only if the current felony was committed within set periods after the prior conviction, including within 20 years after a prior first degree murder or class A felony conviction, 10 years after a prior class B felony and 5 years after a prior listed class C felony (HRS 706-606.5(3)). "The court may impose a lesser mandatory minimum period of imprisonment without possibility of parole than that mandated by this section where the court finds that strong mitigating circumstances warrant the action," and it must give a written opinion stating its reasons (HRS 706-606.5(6)). A person imprisoned under the section "shall not be paroled prior to the expiration of the mandatory minimum term" (HRS 706-606.5(7)).

The same section sets a minimum of nine months of imprisonment for a person convicted of third degree assault, second degree terroristic threatening, fourth degree sexual assault, third degree criminal property damage, third degree theft or misdemeanor shoplifting who has been convicted of any of those offenses on at least three prior and separate occasions within three years of the new offense (HRS 706-606.5(5)).

Extended terms and persistent offenders

HRS 706-661 sets extended terms where it is proven beyond a reasonable doubt that an extended term is necessary for the protection of the public and the defendant meets a criterion in HRS 706-662: life without the possibility of parole for second degree murder, an indeterminate life term for a class A felony, an indeterminate 20-year term for a class B felony, and an indeterminate 10-year term for a class C felony. One criterion is that the defendant "is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was twenty-one years of age or older" (HRS 706-662(1)); HRS 706-662 lists the other criteria. HRS 706-606.6 requires an extended term under HRS 706-661 for certain repeat violent and sexual offenders.

Firearms

A person convicted of a felony who had a semiautomatic or automatic firearm in possession, or used or threatened its use, while committing the felony, whether loaded or not and whether operable or not, "shall in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation": 20 years for second degree murder or attempted second degree murder, 15 years for a class A felony, 10 years for a class B felony and 5 years for a class C felony (HRS 706-660.1(3)). Other subsections of HRS 706-660.1 set minimums for felonies committed with other firearms.

Habitual violent crime

HRS 707-712.2 turns certain repeat violent misdemeanor conduct by a person with three or more listed convictions, not petty misdemeanors, for separate incidents within five years (HRS 707-712.2(2)) into a felony, the offense of habitual violent crime: "Habitual violent misdemeanor crime is a class C felony." The sentence is either an indeterminate five-year term with a minimum of no less than one year, or five years of probation with conditions that include one year of imprisonment, and "probation shall only be available for a first conviction under this section" (HRS 707-712.2(3), (4)). Act 155, SLH 2026 moved the scheduled repeal of this offense from June 30, 2027 to June 30, 2031.

Felonies without a class and offenses outside the Code

Hawaii has default rules for offenses that do not state a grade (HRS 706-610(1), (2); 701-107(6), (7)):

• Apart from murder and attempted murder, "a crime declared to be a felony, without specification of class, is a class C felony."
• A felony defined outside the Code is a class C felony for sentencing unless another law specifically assigns it a class.
• "Any offense declared by law to constitute a crime, without specification of the grade thereof or of the sentence authorized upon conviction, is a misdemeanor."
• An offense defined outside the Code is classified under HRS 701-107, and its sentence "shall hereafter be governed by this Code."

Can a felony be reduced to a misdemeanor in Hawaii?

The grade of a Hawaii offense comes from the statute that defines it (HRS 701-107, 706-610), and the class-sentencing sections (HRS 706-659, 706-660, 706-663) contain no provision for sentencing a felony as a misdemeanor.

The nearest mechanism is deferred acceptance of a guilty or no contest plea under HRS 853-1, on the conditions that section sets. HRS 853-4 makes deferral unavailable in many cases, including a class A felony, a nonprobationable offense, an offense involving a killing, a felony involving intentional, knowing or reckless bodily injury, an offense in which a firearm was used, a defendant with a prior felony conviction, and a felony charge against a defendant previously granted a deferral, among others. Where it is available, the court may defer the proceedings "for a period of time as the court shall direct but in no case to exceed the maximum sentence allowable," or up to one year for a petty misdemeanor. If the defendant completes the period and complies with its terms, "the court shall discharge the defendant and dismiss the charge," and that discharge and dismissal "shall be without adjudication of guilt, shall eliminate any civil admission of guilt, and is not a conviction" (HRS 853-1(c), (d)). The Hawaii expungement laws page covers record relief.

Violations: Hawaii's noncriminal tier

An offense is a violation if it is so designated, if no sentence other than "a fine, or fine and forfeiture or other civil penalty" is authorized, or if the statute defining it says it is not a crime. "A violation does not constitute a crime, and conviction of a violation shall not give rise to any civil disability based on conviction of a criminal offense" (HRS 701-107(5)). The fine ceiling for a violation is $1,000 (HRS 706-640(1)(e)).

Probation in Hawaii

Act 151, SLH 2026 rewrote the default probation periods in HRS 706-623(1), effective June 29, 2026. Unless the court enters its reasons on the record and sets a shorter period, probation runs:

• 10 years for a class A felony (where probation is allowed);
• 5 years for a class B or class C felony under part II, V or VI of chapter 707, chapter 709 or part I of chapter 712;
• 4 years for any other class B felony, a class C felony under part III, IV or VII of chapter 707, and a class C felony under part XIII of chapter 708;
• 3 years for any other class C felony;
• 1 year for a misdemeanor, except that for a conviction under HRS 586-4, 586-11, 709-906 or one other listed section the court may impose up to 2 years;
• 6 months for a petty misdemeanor, with up to one year on a finding of good cause, and up to one year for a conviction under HRS 709-906.

Act 192, SLH 2026 (House Bill 1959), signed July 7, 2026 and effective June 29, 2026, moved the scheduled repeal of the 2020 domestic violence amendments in Act 19, SLH 2020 from June 30, 2026 to June 30, 2031.

A court may not sentence a defendant to probation if (HRS 706-620):

1. the crime is first or second degree murder or attempted first or second degree murder;
2. the crime is a class A felony, except class A felonies in chapter 712, part IV and HRS 707-702;
3. the defendant is a repeat offender under HRS 706-606.5;
4. the defendant is a felony firearm offender as defined in HRS 706-660.1(2);
5. the crime involved the death of, or serious or substantial bodily injury to, a child, an elder person or a handicapped person under HRS 706-660.2; or
6. the crime is cruelty to animals involving ten or more pet animals under HRS 711-1108.5 or 711-1109.

Habitual violent crime under HRS 707-712.2 allows probation only for a first conviction (HRS 707-712.2(4)).

A court may require a term of imprisonment as a condition of probation, set at sentencing for class A felonies under HRS 707-702 and not exceeding two years for class A felonies under chapter 712, part IV, 18 months for class B felonies, one year for class C felonies, six months for misdemeanors and five days for petty misdemeanors (HRS 706-624(2)(a)).

What happens on a probation violation in Hawaii

The court, after a hearing, may revoke probation (except as subsections (6) and (7) of HRS 706-625 provide) or reduce or enlarge its conditions (HRS 706-625(1)). The defendant has the right to counsel, and the court is not bound by the Hawaii rules of evidence except the rules on privileges (HRS 706-625(2)).

"The court shall revoke probation if the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or has been convicted of a felony. The court may revoke the suspension of sentence or probation if the defendant has been convicted of another crime other than a felony." (HRS 706-625(3))

The court may instead modify the requirements or impose further ones if that "will assist the defendant in leading a law-abiding life" (HRS 706-625(4)). "When the court revokes probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which the defendant was convicted" (HRS 706-625(5)). HRS 706-620 to 706-625 set no fixed jail limit for a technical violation.

Recent changes to Hawaii's classification and sentencing statutes

• Act 143, SLH 2026 (House Bill 1548), effective June 24, 2026: amended HRS 706-663 so a misdemeanor carries up to 364 days, or up to one year for a misdemeanor that is a crime of violence as defined in HRS 134-1; the petty misdemeanor term stays at 30 days. It also added a chapter 706 section capping any offense that is not a crime of violence and is punishable by up to one year at 364 days, and letting a person sentenced for such a misdemeanor before the act apply to the sentencing court to reconsider the sentence.
• Act 151, SLH 2026 (Senate Bill 2721), signed June 25, 2026: rewrote the probation periods in HRS 706-623(1) effective June 29, 2026, and, effective September 1, 2026, amended HRS 701-107(2) so that a felony designation in a statute outside the Code enacted after it also counts, amended the limitation periods in HRS 701-108 and narrowed the class C felony in HRS 712-1243 (renamed possessing a dangerous drug in the first degree) to listed quantities, such as 0.5 to 3.53 grams of methamphetamine, heroin, morphine, cocaine or fentanyl, while creating a new misdemeanor, possessing a dangerous drug in the second degree, committed by knowingly possessing "any dangerous drug in any amount," with six months of incarceration as a probation condition or up to one year for a third or later conviction within five years.
• Act 192, SLH 2026 (House Bill 1959), effective June 29, 2026: moved the repeal date in Act 19, SLH 2020 section 15 from June 30, 2026 to June 30, 2031.
• Act 155, SLH 2026: moved the repeal of the habitual violent crime offense (HRS 707-712.2) from June 30, 2027 to June 30, 2031.
• Act 152, SLH 2025, effective June 3, 2025: set the age threshold at 21 for life without parole for first degree murder, the second degree murder enhancement and the persistent offender criterion (HRS 706-656, 706-657, 706-662), and barred life without parole for any person under 21 at the time of the offense.

Federal firearms consequence

Federal law bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year" (18 U.S.C. 922(g)(1)), and what counts as a conviction is determined under the law of the convicting jurisdiction (18 U.S.C. 921(a)(20)). Hawaii misdemeanors carry no more than one year (HRS 706-663). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related legal issues

Where an offense lands in these grades depends on the statute that defines it. The Hawaii theft laws page shows how theft is graded into these classes, and the Hawaii assault and battery laws page does the same for assault. Time limits for bringing charges are on the Hawaii statute of limitations page.

Related pages

• Felony and misdemeanor classes by state
• Hawaii theft laws
• Hawaii assault and battery laws
• Hawaii expungement laws
• How long is a life sentence in Hawaii

Disclaimer: This article provides general legal information about Hawaii's crime classification, sentencing and probation statutes as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Hawaii.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Hawaii?

A crime is a felony if it is designated one in the Code or in a statute outside the Code enacted after it, or if a person convicted may be sentenced to imprisonment for more than one year (HRS 701-107(2), as amended by Act 151, SLH 2026). A misdemeanor is a crime so designated or one defined outside the Code with a maximum term of one year (HRS 701-107(3)); since June 24, 2026 a misdemeanor that is not a crime of violence carries up to 364 days (HRS 706-663, as amended by Act 143, SLH 2026).

What are the felony classes in Hawaii and how much time do they carry?

Apart from murder and attempted murder, Hawaii felonies are class A, B or C (HRS 706-610), with indeterminate maximum terms of 20, 10 and 5 years; the Hawaii paroling authority sets the minimum term (HRS 706-659, 706-660, 706-669). Repeat-offender, firearm and extended-term statutes can add mandatory minimums or raise these maximums.

What is a petty misdemeanor in Hawaii?

A petty misdemeanor is the lowest grade of crime. It carries a definite jail term of up to 30 days and a fine of up to $1,000 (HRS 706-663, 706-640(1)(e)), and the default probation period is 6 months, with up to one year in stated cases (HRS 706-623(1)(f), as amended by Act 151, SLH 2026).

Is a violation a crime in Hawaii?

No. HRS 701-107(5) says a violation does not constitute a crime and a conviction of a violation does not give rise to any civil disability based on conviction of a criminal offense. Only a fine, or a fine and forfeiture or other civil penalty, is authorized, and the fine ceiling is $1,000 (HRS 706-640(1)(e)).

Can a felony be reduced to a misdemeanor in Hawaii?

The grade of an offense comes from the statute that defines it (HRS 701-107, 706-610), and the class-sentencing sections contain no provision for sentencing a felony as a misdemeanor. Where HRS 853-4 does not exclude the offense or the defendant (it excludes, among others, class A felonies, nonprobationable offenses and defendants with a prior felony conviction), a court may instead defer acceptance of a guilty or no contest plea under HRS 853-1, and a discharge and dismissal under that section is not a conviction.

How long is probation in Hawaii?

Since June 29, 2026, HRS 706-623(1) as amended by Act 151 sets 10 years for a class A felony where probation is allowed, 5, 4 or 3 years for class B and C felonies depending on the offense, 1 year for a misdemeanor (up to 2 years for listed offenses) and 6 months for a petty misdemeanor (up to 1 year in stated cases), unless the court sets a shorter period on the record.

What happens if you violate probation in Hawaii?

After a hearing, the court must revoke probation if the defendant inexcusably failed to comply with a substantial requirement or was convicted of a felony, and may revoke it after a conviction for another crime (HRS 706-625(3)). On revocation the court may impose any sentence that might have been imposed originally (HRS 706-625(5)).

What is the repeat offender law in Hawaii?

HRS 706-606.5 requires a mandatory minimum term without possibility of parole for a person convicted of second degree murder, a class A or B felony or a listed class C felony who has qualifying prior felony convictions, ranging from 1 year 8 months (listed class C, one prior) to 30 years (second degree murder, three or more priors). The court may impose a lesser mandatory minimum where strong mitigating circumstances warrant it, with a written opinion. The same section requires at least nine months for six listed misdemeanors after three prior convictions within three years (HRS 706-606.5(5)).