Murder Defense Attorney in Honolulu
Over 30 Years of Criminal Defense, on Both Sides of the Courtroom
A murder charge in Hawaii is among the most serious a person can face. Life imprisonment is at stake. What happens in the hours and days immediately following an arrest or the start of an investigation can shape everything that comes after. At Myles S. Breiner Attorney at Law, we bring over 30 years of criminal defense practice in Hawaii to bear on cases where the consequences demand a fully developed, strategically sound defense from day one.
Myles S. Breiner’s background working on both sides of criminal cases gives him direct insight into how the prosecution builds a murder case. That perspective translates into a defense that anticipates the state’s theory rather than simply reacting to it. Attorney Breiner is regularly sought by media outlets to comment on significant legal matters in Hawaii, reflecting recognized standing in the Honolulu legal community built on decades of serious criminal defense work.
If you or someone you know is facing murder charges in Honolulu, don’t wait. We offer a free initial consultation. Call us now at (808) 219-0880.
First-Degree vs. Second-Degree Murder Under Hawaii Law
Hawaii Revised Statutes Chapter 707 defines two degrees of murder, and the distinction between them carries significant consequences for sentencing and defense strategy.
First-Degree Murder: HRS § 707-701
First-degree murder applies when the prosecution alleges an intentional or knowing killing under one of several specific statutory circumstances. These include the killing of a law enforcement officer, the killing of a witness to a crime, or the killing of more than one person in the same incident or in separate incidents. A conviction carries life imprisonment without the possibility of parole for defendants who were 18 or older at the time of the offense.
Second-Degree Murder: HRS § 707-701.5
Second-degree murder covers intentional or knowing killings that don’t meet the threshold for first-degree. It carries life imprisonment with the possibility of parole under HRS § 706-656. Hawaii has abolished the death penalty, making life imprisonment the maximum sentence for any murder conviction.
One critical feature of Hawaii’s murder statutes: the state has abolished the felony-murder rule. The prosecution can’t secure a murder conviction simply because a death occurred during the commission of another felony. They must prove the defendant’s mental state, intentional or knowing, beyond a reasonable doubt. That burden is where a well-built defense finds its footing.
Defense Strategies in Hawaii Murder Cases
Every murder case presents its own factual record, and the defense strategy has to follow from that record. We analyze each case from every angle before identifying the strongest path forward. Because the prosecution must prove both the act and the mental state behind it, there are multiple points at which the state’s case can be challenged.
Self-Defense & Justifiable Use of Force
Hawaii law permits the use of deadly force in limited circumstances, including preventing a crime that would cause death or serious bodily injury, provided there is no substantial risk to innocent persons. When the facts support it, self-defense can be a complete defense to a murder charge.
Extreme Mental or Emotional Disturbance
Under HRS § 707-702, extreme mental or emotional disturbance is an affirmative defense in murder prosecutions. The defendant bears the burden of establishing it, but if successfully raised, it can reduce the charge from murder to manslaughter. That distinction affects both the charge and the potential sentence in meaningful ways.
Challenging Mental State
The line between first-degree murder, second-degree murder, and manslaughter often comes down to what the defendant intended at the moment of the alleged act. Challenging whether conduct was intentional, knowing, or merely reckless can shift the charge, reduce exposure, or support an acquittal. Because Hawaii has abolished the felony-murder rule, the prosecution has no shortcut on this element.
Other defenses we examine include mistaken identity, alibi, lack of causation, unlawful police conduct, and evidentiary challenges. Attorney Breiner’s prosecution background directly informs how he tests the state’s theory and anticipates what arguments the Honolulu Office of the Prosecuting Attorney is likely to advance.
Why You Need Counsel Before Talking to Police
Murder investigations in Honolulu are conducted by the Honolulu Police Department and prosecuted by the Office of the Prosecuting Attorney for the City and County of Honolulu in the First Circuit Court. These are experienced investigators and prosecutors who begin building their case from the moment they arrive. Speaking to law enforcement without an attorney present can hand the prosecution material it wouldn’t otherwise have.
Retaining counsel before making any statement preserves your constitutional rights and can keep your defense options open. The earlier we can get involved, the more effectively we can protect you through every stage of the investigation, charging, and court process.
Contact Us for a Free Murder Defense Consultation
Facing a murder charge means confronting the full weight of the Hawaii criminal justice system. You need a defense attorney who understands how that system works from both sides. We serve clients throughout Hawaii and are ready to hear your situation with no upfront cost.
Call Myles S. Breiner Attorney at Law at (808) 219-0880 to schedule your free consultation today, or reach out through our online contact form.
