Attempted Manslaughter in Hawaii: Key Facts, Penalties, and Defenses
Understand how Hawaii law approaches attempted manslaughter, including legal standards, consequences, and defense considerations.
Attempted manslaughter is a serious felony charge in Hawaii. Even when an act does not result in death, the underlying recklessness or disturbed emotional state can lead to significant prison time and other penalties under state law. Understanding how Hawaii defines and prosecutes this crime is crucial.
This article outlines the essential components of attempted manslaughter in Hawaii, including potential penalties, common defenses, and the court procedures involved.
Key Elements
Hawaii law defines a criminal attempt as taking a “substantial step” toward committing a specific crime, with the intention of completing it.1Justia Law. Hawaii Revised Statutes § 705-500 – Criminal Attempt This step must go beyond mere preparation and strongly indicate the person’s intent.
For attempted manslaughter, the intended crime is manslaughter. Hawaii statutes identify two main forms of manslaughter: recklessly causing another person’s death, or intentionally causing death while under the influence of an extreme mental or emotional disturbance (EMED) for which there is a reasonable explanation.2Justia Law. Hawaii Revised Statutes § 707-702 – Manslaughter The reasonableness is judged from the defendant’s perspective at the time.
Therefore, to prove attempted manslaughter, the prosecution must show the defendant intentionally took a substantial step toward causing someone’s death. Critically, they must also prove the defendant’s state of mind matched one of the definitions of manslaughter during the attempt. This means demonstrating either:
1. Recklessness: The defendant consciously disregarded a substantial and unjustifiable risk that their actions would cause death, representing a major deviation from how a law-abiding person would act.
2. Intent under EMED: The defendant intended to cause death but acted under the influence of an extreme mental or emotional disturbance with a reasonable explanation. Hawaii courts have confirmed that someone charged with attempted murder might instead be convicted of attempted manslaughter if EMED is established.3Hawaii State Judiciary. State v. Aiwohi – Decision on Motions to Dismiss Regarding EMED
Potential Penalties
Attempted manslaughter is classified as a class B felony in Hawaii. While manslaughter itself is a class A felony, state law generally grades attempts one class lower than the completed crime.
A class B felony conviction carries a maximum prison sentence of ten years. Hawaii uses an indeterminate sentencing system, where the judge sets the maximum term, and the Hawaii Paroling Authority later determines the minimum time served before parole eligibility.
Beyond potential imprisonment, significant financial penalties can apply. Courts may impose a fine of up to $25,000 for a class B felony, considering the defendant’s financial situation and the crime’s nature.4Justia Law. Hawaii Revised Statutes § 706-640 – Authorized Fines Hawaii law also mandates restitution payments to victims for documented financial losses, such as medical bills or lost wages.5FindLaw. Hawaii Revised Statutes § 706-646 – Victim Restitution Restitution takes priority over fines if both are ordered.
Probation is sometimes an alternative to prison for class B felonies, unless specific circumstances apply, like the defendant being a repeat offender or using a firearm during the offense.6Justia Law. Hawaii Revised Statutes § 706-620 – Authority to Withhold Sentence of Imprisonment Probation involves adhering to court-ordered conditions for a set period; failure can result in the original prison sentence being imposed. In certain cases, such as for persistent offenders, defendants might face extended prison terms beyond the standard ten-year maximum. Time spent in custody before sentencing is typically credited toward the sentence.
Possible Defenses
Defendants facing attempted manslaughter charges in Hawaii may raise several legal defenses based on the specific facts of the case. These defenses aim to challenge the prosecution’s evidence regarding the elements of the crime.
Self-Defense
Hawaii law permits the use of deadly force if a person reasonably believes it is immediately necessary to protect themselves from death, serious bodily injury, kidnapping, or sexual assault. In an attempted manslaughter case, a self-defense argument would assert that the actions constituting the “substantial step” were taken under the justifiable belief that such force was required to prevent imminent harm. The key is the defendant’s reasonable belief at that moment, even if mistaken. If evidence supports this claim, the prosecution must disprove it beyond a reasonable doubt.
Insanity
A defense may be based on the defendant’s mental state. Hawaii law absolves a person of criminal responsibility if, due to a physical or mental disease, disorder, or defect, they lacked the substantial capacity to understand their conduct was wrong or to control their actions according to the law. This defense challenges the mental element required for attempted manslaughter (recklessness or intent under EMED). Proving insanity typically requires expert testimony about the defendant’s mental condition and its impact at the time of the alleged attempt.
Mistake of Fact
An honest mistake about the circumstances surrounding the incident can sometimes serve as a defense. State law allows this if the mistake negates the required state of mind for an element of the offense. For attempted manslaughter, this could involve misinterpreting a situation in a way that negates recklessness (e.g., underestimating the risk involved) or believing facts that, if true, would justify the actions (potentially overlapping with self-defense but focusing on the factual error). The mistake must concern facts, not the law, and be significant enough to undermine proof of the necessary mental state.
Court Process
The legal process for an attempted manslaughter charge, a class B felony, follows established procedures in Hawaii’s court system. It generally begins with an arrest, either with or without a warrant. If arrested without a warrant, a judge must review the case within 48 hours to confirm there is probable cause for the detention. The accused is then brought to court promptly for an initial appearance.
At the initial appearance, the court informs the defendant of the charges, their right to an attorney, the right to remain silent, and the right to a preliminary hearing. Bail may be set at this stage, considering factors related to ensuring future court appearances and public safety.
Because it is a felony, the prosecution must formally establish probable cause – a reasonable basis to believe a crime occurred and the defendant committed it – before the case can proceed to trial in Circuit Court. This happens either through a preliminary hearing in District Court, where a judge reviews evidence, or through a grand jury indictment, where a panel of citizens secretly reviews evidence to decide if charges are warranted.
If probable cause is found, the case moves to Circuit Court for arraignment.7Hawaii Attorney General, Crime Prevention & Justice Assistance Division. Adult Felony Criminal Justice Process Flowchart (2019) Here, the defendant is formally charged and enters a plea (usually not guilty, guilty, or no contest). A “no contest” plea requires the court’s permission. A not guilty plea leads to the pre-trial phase. This involves discovery, where both sides exchange evidence and witness lists. Lawyers may file motions, such as requests to exclude evidence obtained improperly. Plea negotiations are common during this time.
If no plea agreement is reached, the case goes to trial, typically before a jury. The trial includes jury selection, opening statements, presentation of evidence by both prosecution and defense (with cross-examination), closing arguments, and jury instructions from the judge. The jury must reach a unanimous verdict. The prosecution has the burden of proving guilt beyond a reasonable doubt.
If the defendant is found guilty, a sentencing hearing is scheduled. A pre-sentence report, detailing the defendant’s background and the offense, usually informs the judge’s sentencing decision within the legal limits. If found not guilty, the defendant is acquitted. A convicted defendant has the right to appeal the verdict to a higher court, arguing that legal errors affected the trial’s outcome. The appellate court reviews the trial record for legal mistakes but generally does not reconsider the facts or hear new evidence.
