A defendant who has been convicted of a crime may be sentenced to a term of probation unless:

(1) The crime is first or second degree murder or attempted first or second degree murder;

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felony20 years to lifeup to $50,000
For details, see Haw. Rev. Stat. § 706-659
criminal case

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Terms Used In Hawaii Revised Statutes 706-620

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) The crime is a class A felony, except class A felonies defined in chapter 712, part IV, and by § 707-702;
(3) The defendant is a repeat offender under section 706-606.5;
(4) The defendant is a felony firearm offender as defined in section 706-660.1(2);
(5) The crime involved the death of or the infliction of serious or substantial bodily injury upon a child, an elder person, or a handicapped person under section 706-660.2; or
(6) The crime is cruelty to animals where ten or more pet animals were involved under section 711-1108.5 or 711-1109.

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