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Charges and sentences

Felony and misdemeanor classes in Hawaii

Hawaii has three grades of crime: felonies, misdemeanors and petty misdemeanors. Felonies are murder (first and second degree) plus class A, class B and class C felonies. Class A is the most serious and class C the least. Violations are below crimes and are not crimes at all.1

Checked October 29, 2026 against Hawaii's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony
In Hawaii, a crime is a felony if the Penal Code or a later law outside the Code calls it one, or if a person convicted of it may be sentenced to more than one year in prison.1
Felony theft starts at
More than $750How theft is graded
When a OVUII is a felony
Habitually operating a vehicle under the influence of an intoxicant is a class C felony. It applies to a person with two or more earlier OVUII convictions within 10 years (or an earlier habitual OVUII conviction within 10 years). It is a class B felony if the person was a highly intoxicated driver.2

Felony classes in Hawaii

From most to least serious: Murder (first and second degree), Class A, Class B, Class C. The sentence is the range the law allows; the judge picks within it.

Felony classes in Hawaii, with prison ranges and fines
ClassPrisonFineThe law
Murder (first and second degree)First degree: life without parole for people 21 or older at the time (life with parole for people under 21). Second degree: life with parole.Attempted murder is punished the same way. A longer sentence, life without parole for second degree murder, is possible in some cases under the enhanced sentence law.Up to $50,000Haw. Rev. Stat. §§ 706-656, 706-640(1)(a)7
Class A felony20 years, with the minimum time served set by the Hawaii paroling authorityFor most class A felonies the 20-year term cannot be suspended and probation is not allowed. Class A felonies under the drug law (chapter 712, part IV) and manslaughter are exceptions. A court may impose an extended term of up to life for a class A felony if the person meets one of the extended term criteria.Up to $50,000Haw. Rev. Stat. §§ 706-659, 706-640(1)(a), 706-6618
Class B felonyUp to 10 years, with the minimum time served set by the Hawaii paroling authorityFor some drug felonies (chapter 712, part IV) the term is 5 to 10 years. An extended term of up to 20 years is possible if the person meets one of the extended term criteria.Up to $25,000Haw. Rev. Stat. §§ 706-660(1), 706-640(1)(b), 706-6614
Class C felonyUp to 5 years, with the minimum time served set by the Hawaii paroling authorityFor some drug felonies (chapter 712, part IV) the term is 1 to 5 years. An extended term of up to 10 years is possible if the person meets one of the extended term criteria. A felony that has no class is a class C felony.Up to $10,000Haw. Rev. Stat. §§ 706-660(1), 706-640(1)(c), 706-661, 706-6104

Misdemeanor classes in Hawaii

Misdemeanor classes in Hawaii, with jail ranges and fines
ClassJailFineThe law
MisdemeanorUp to 364 days (up to 1 year for a crime of violence)Since June 24, 2026 (Act 143), the limit is 364 days unless the misdemeanor is a crime of violence, which can still bring up to 1 year. A crime with no grade or sentence stated in the law that defines it is a misdemeanor.Up to $2,000Haw. Rev. Stat. §§ 706-663 (as amended by Act 143, SLH 2026), 706-640(1)(d), 701-107(6)9
Petty misdemeanorUp to 30 daysUp to $1,000Haw. Rev. Stat. §§ 706-663 (as amended by Act 143, SLH 2026), 706-640(1)(e)9

Below a misdemeanor

Non-criminal offenses in Hawaii
ClassPenaltyThe law
ViolationFine only, up to $1,000. Not a crime.A conviction for a violation does not lead to any civil disability based on a criminal conviction.Haw. Rev. Stat. §§ 701-107(5), 706-640(1)(e)10

Good to know

A felony in the Penal Code is class A, B or C only when the Code says so. A felony with no class, and a felony defined outside the Penal Code, is treated as a class C felony unless another law gives it a class.3

Hawaii uses indeterminate prison sentences for felonies. When a court sends a person to prison for a class B or C felony, the term is the maximum the law sets (10 or 5 years), and the Hawaii paroling authority sets the minimum time actually served. Prison is not required for every class B or C felony.4

A court can impose a longer, extended prison term (life for class A, 20 years for class B, 10 years for class C) if it is proven that this is needed to protect the public and the person meets a listed condition, such as two or more earlier felony convictions committed at different times at age 21 or older. Other laws, such as § 706-606.5 on repeat convictions, can also raise the sentence.5

When theft is a felony in Hawaii

In Hawaii, theft of property or services worth more than $750 is theft in the second degree, a class C felony. Theft of more than $20,000, or of a firearm or motor vehicle, is theft in the first degree, a class B felony. Theft of more than $250 and up to $750 is theft in the third degree, a misdemeanor.6

Haw. Rev. Stat. §§ 708-830.5, 708-831, 708-832 · Felony theft amounts in every state

OVUII in Hawaii

Hawaii calls it operating a vehicle under the influence of an intoxicant, usually shortened to OVUII.

Repeat offenses
Habitually operating a vehicle under the influence of an intoxicant is a class C felony. It applies to a person with two or more earlier OVUII convictions within 10 years (or an earlier habitual OVUII conviction within 10 years). It is a class B felony if the person was a highly intoxicated driver.
Which past offenses count
10 years. The earlier convictions must fall within 10 years of the new offense. Comparable convictions from other jurisdictions also count.
Other felony versions
Negligent homicide in the first degree (causing a death with a vehicle while under the influence of drugs or alcohol) is a class B felony. It is a class A felony if the person has an earlier OVUII conviction within 15 years, was engaged in conduct that violates § 291E-62 at the time, or was a highly intoxicated driver.

Haw. Rev. Stat. §§ 291E-61, 291E-61.5, 707-702.52 · Felony DUI rules in every state

After a conviction

Common questions

What is a felony in Hawaii?

In Hawaii, a crime is a felony if the Penal Code or a later law outside the Code calls it one, or if a person convicted of it may be sentenced to more than one year in prison.

What is a Murder (first and second degree) in Hawaii?

In Hawaii, the prison range for a Murder (first and second degree) is first degree: life without parole for people 21 or older at the time (life with parole for people under 21). Second degree: life with parole, and the fine is up to $50,000. Attempted murder is punished the same way. A longer sentence, life without parole for second degree murder, is possible in some cases under the enhanced sentence law.

What is a Class A felony in Hawaii?

In Hawaii, the prison range for a Class A felony is 20 years, with the minimum time served set by the Hawaii paroling authority, and the fine is up to $50,000. For most class A felonies the 20-year term cannot be suspended and probation is not allowed. Class A felonies under the drug law (chapter 712, part IV) and manslaughter are exceptions. A court may impose an extended term of up to life for a class A felony if the person meets one of the extended term criteria.

What is a Class B felony in Hawaii?

In Hawaii, the prison range for a Class B felony is up to 10 years, with the minimum time served set by the Hawaii paroling authority, and the fine is up to $25,000. For some drug felonies (chapter 712, part IV) the term is 5 to 10 years. An extended term of up to 20 years is possible if the person meets one of the extended term criteria.

What is a Class C felony in Hawaii?

In Hawaii, the prison range for a Class C felony is up to 5 years, with the minimum time served set by the Hawaii paroling authority, and the fine is up to $10,000. For some drug felonies (chapter 712, part IV) the term is 1 to 5 years. An extended term of up to 10 years is possible if the person meets one of the extended term criteria. A felony that has no class is a class C felony.

What is a misdemeanor in Hawaii?

In Hawaii, the jail range for a misdemeanor is up to 364 days (up to 1 year for a crime of violence), and the fine is up to $2,000. Since June 24, 2026 (Act 143), the limit is 364 days unless the misdemeanor is a crime of violence, which can still bring up to 1 year. A crime with no grade or sentence stated in the law that defines it is a misdemeanor.

What is a petty misdemeanor in Hawaii?

In Hawaii, the jail range for a petty misdemeanor is up to 30 days, and the fine is up to $1,000.

How much theft is a felony in Hawaii?

In Hawaii, theft of property or services worth more than $750 is theft in the second degree, a class C felony. Theft of more than $20,000, or of a firearm or motor vehicle, is theft in the first degree, a class B felony. Theft of more than $250 and up to $750 is theft in the third degree, a misdemeanor.

Is an OVUII a felony in Hawaii?

Habitually operating a vehicle under the influence of an intoxicant is a class C felony. It applies to a person with two or more earlier OVUII convictions within 10 years (or an earlier habitual OVUII conviction within 10 years). It is a class B felony if the person was a highly intoxicated driver. Negligent homicide in the first degree (causing a death with a vehicle while under the influence of drugs or alcohol) is a class B felony. It is a class A felony if the person has an earlier OVUII conviction within 15 years, was engaged in conduct that violates § 291E-62 at the time, or was a highly intoxicated driver.

These are the general ranges in Hawaii's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

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Cite this page

Second Chance Index, "Felony and misdemeanor classes in Hawaii" https://secondchanceindex.com/felony-classes/hawaii, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

  1. Haw. Rev. Stat. § 701-107(2), as amended by Act 151, SLH 2026 (effective Sept. 1, 2026)
  2. Haw. Rev. Stat. §§ 291E-61, 291E-61.5, 707-702.5
  3. Haw. Rev. Stat. § 706-610
  4. Haw. Rev. Stat. § 706-660(1)
  5. Haw. Rev. Stat. §§ 706-661, 706-662
  6. Haw. Rev. Stat. §§ 708-830.5, 708-831, 708-832
  7. HRS § 701-107 Grades and classes of offensesHawaii State Legislature (Hawaii Revised Statutes)
  8. HRS § 706-640 Authorized finesHawaii State Legislature (Hawaii Revised Statutes)
  9. HRS § 706-656 Terms of imprisonment for first and second degree murder and attempted first and second degree murderHawaii State Legislature (Hawaii Revised Statutes)
  10. HRS § 706-659 Sentence of imprisonment for class A felonyHawaii State Legislature (Hawaii Revised Statutes)
  11. HRS § 706-662 Criteria for extended terms of imprisonmentHawaii State Legislature (Hawaii Revised Statutes)
  12. HRS § 706-663 Sentence of imprisonment for misdemeanor and petty misdemeanorHawaii State Legislature (Hawaii Revised Statutes)
  13. HRS § 708-830.5 Theft in the first degreeHawaii State Legislature (Hawaii Revised Statutes)
  14. HRS § 708-832 Theft in the third degreeHawaii State Legislature (Hawaii Revised Statutes)
  15. HRS § 291E-61 Operating a vehicle under the influence of an intoxicantHawaii State Legislature (Hawaii Revised Statutes)
  16. HRS § 707-702.5 Negligent homicide in the first degreeHawaii State Legislature (Hawaii Revised Statutes)
  17. H.B. 1548, H.D. 1, S.D. 1, C.D. 1 (2026), Relating to Sentencing (Act 143, SLH 2026)Hawaii State Legislature
  18. S.B. 2135, C.D. 1 (2026), Relating to Privacy (Act 196, SLH 2026)Hawaii State Legislature