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assault

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.

In Hawaii, assault is defined under Hawaii Revised Statutes Section 707-710 to 707-713. Assault in Hawaii is generally categorized into three degrees. First-degree assault is the most serious, involving serious bodily injury or the use of a dangerous instrument, and is classified as a Class B felony. Second-degree assault involves substantial bodily injury or the intentional or knowing causing of bodily injury with a dangerous instrument, and is a Class C felony. Third-degree assault is the least serious, involving knowingly or recklessly causing bodily injury, or negligently causing bodily injury with a dangerous instrument, and is a misdemeanor offense. The definition of assault in Hawaii aligns with the general concept that it involves placing another person in fear of imminent bodily harm, even if no physical contact occurs. Battery is not a separate crime in Hawaii; instead, the physical contact is typically prosecuted under the assault statutes.

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Understanding Assault vs. Battery

The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.

State Statutes

Hawaii State Code

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