How to Overcome an Assault Charge with the Right Lawyer

Overcoming assault charges in Hawaii starts with hiring the right legal representation. The right lawyer for you is someone with years of experience. Michael Fayard has worked on both sides of the courtroom. He used to be a prosecutor, which helps him create strategic and effective defenses for his clients. He also is a proud veteran. He was commissioned as an Armor Officer in the Army, where he was assigned to JAG. His wealth of experience in civil, criminal, administrative, and military hearings means he’s prepared for anything.

But getting the right lawyer is about more than their resume. You want someone who listens to you, not only about what happened but also about what you need moving forward. Michael Fayard cares about your future. He wants you to move on from this case and lead a fulfilling life with friends, family, and a career. He’s motivated to win a dismissal or acquittal, so you don’t have a criminal record holding you back.

You also want someone available. When you go with a busy lawyer at a Big Law firm, your case is just one of many. That’s not how it works with Michael Fayard. He’ll keep you updated on your case and answer all your questions. You can be confident your call or email will be returned, if not within the same day, within 24 hours.

Criminal Assault Charges in Hawaii

Whatever degree of assault charge you’re facing, call an assault defense attorney immediately. It’s never too soon to start preparing your defense.

Assault in the First Degree

First-degree assault in Hawaii is the most serious assault offense. You can be charged with a Class B felony if you intentionally or knowingly cause someone serious bodily injury.

If convicted, you can be sentenced to up to 10 years in prison and fines up to $25,000.

Assault in the Second Degree

Second-degree assault in Hawaii covers numerous scenarios:

  • Intentionally, knowingly, or recklessly causing someone substantial bodily injury.
  • Recklessly causing someone serious bodily injury.
  • Intentionally or knowingly causing bodily injury to a correctional worker, educational worker, emergency medical services provider, mental health facility worker, firefighter, health care worker, or home care provider.
  • Intentionally or knowingly causing someone bodily injury with a dangerous instrument.
  • Intentionally or knowingly causing bodily injury to a person who has a restraining order against you or is being protected by the police.

Assault in the second degree is a Class C felony. Whether or not you face a third- or second-degree assault charge can depend on the other person’s position at the time of the incident. If the person had a certain job and was working at the time, you’re more likely to face a felony. But it’s important to have a lawyer review the circumstances. The prosecutor might go for a felony assault charge when the other party isn’t a protected worker outline in the statute.

If you’re convicted of a Class C felony, you could spend up to five years in prison and pay fines up to $10,000.

Assault in the Third Degree

A third-degree assault charge is a misdemeanor if you:

  • Intentionally, knowingly, or recklessly cause another person bodily injury; or
  • Negligently cause bodily injury with a dangerous instrument.

It’s also possible to face a petty misdemeanor charge unless the bodily injury was caused during a scuffle or fight entered into by mutual consent.

A misdemeanor is punishable by up to one year in jail and fines up to $2,000. A petty misdemeanor is less serious, but it is still punishable by up to 30 days in jail and up to a $1,000 fine.


$1,550,000 Plaintiff’s Verdict

Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.

$1,200,000.00 Plaintiff’s Verdict

SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.

Read More Results

Levels of Bodily Injury Matter

The degrees of assault talk about different severities of bodily harm: Serious bodily injury, substantial bodily injury, or bodily injury. These all mean something different, which is why you need an assault lawyer to review your case. The prosecutor might try to say the other person’s injuries are worse than they really are. You shouldn’t be blamed for serious bodily injury when the other person’s injuries aren’t that serious.

Serious Bodily Injury

Serious bodily injury means the harm creates or causes:

  • A substantial risk of death;
  • Serious permanent disfigurement;
  • Protracted loss or impairment of the function of a bodily member or organ.

Substantial Bodily Injury

Substantial bodily injury is less severe than serious bodily injury, but it’s more than pain or temporary impairment. It’s the middle ground between being hurt a little and facing disfigurement, permanent impairment, or a risk of death.

Examples of substantial bodily injury include:

  • Major abrasion, laceration, or penetration of the skin;
  • Burn of at least second-degree severity;
  • Broken bone;
  • Serious concussion; or
  • Tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs.

Bodily Injury

Bodily injury means physical pain, illness, or any impairment of a person’s physical condition. Even minor injuries, like a black eye, could lead to a misdemeanor assault charge.

He is relentless to ensure his clients are well taken care of.”

- Cliff T

Defending Yourself Against Assault Charges

Talk with assault lawyer Michael Fayard about the best way to defend yourself against misdemeanor or felony assault charges. There are numerous potential defenses, including a mistake of identity, false accusations, self-defense, or defense of others. Being charges doesn’t mean you’ll be convicted. Attorney Fayard will work to prove you’re innocent of the crime, or your actions were justified.

Call Michael Fayard for Advice Today

Calling a lawyer can be intimidating. But what’s the worst that could happen? There’s no charge for a consultation with Michael Fayard. He’ll listen to your story, ask a few questions, and then tell you about Hawaii law. He’ll give you an initial assessment of your options, which will help you decide what to do next. There’s no pressure or demands, just information that can help you during a tough time.

To learn more about fighting assault charges in Hawaii, call 808-445-6708 or use the online form.