In Hawaii, the law surrounding self-defense emphasizes that you must attempt to retreat in public places before resorting to deadly force.
This means that if you are confronted with a threat outside your home or workplace, you are legally required to try to avoid the confrontation by retreating, if it is safe to do so, before you can use lethal force to defend yourself.
Key Points About Hawaii’s Self-Defense Law
Duty to Retreat
In Hawaii, you have a duty to retreat if you are faced with a threat in public. You must try to remove yourself from the situation safely before using deadly force. This means you should attempt to escape the confrontation, as long as you can do so without putting yourself at greater risk.
Castle Doctrine
Hawaii follows the Castle Doctrine, which means that you are not required to retreat if you are attacked in your home.
The law allows you to use reasonable force, including deadly force, to defend yourself when in your home, or in some cases, at your workplace. In these places, you don’t have to try to escape first before defending yourself.
Reasonable and Proportional Force
The law only justifies using force that is reasonable and proportional to the threat you face. Deadly force is only allowed if you have a reasonable belief that it is necessary to prevent death or serious bodily harm. This means that you cannot use excessive force in situations where it’s not necessary.
Immediate Threat Required
For self-defense to be legally justified, the threat must be immediate. You must genuinely believe that you are in imminent danger of harm, and your response must be in direct reaction to that threat.
No Justification if You Provoke
You cannot claim self-defense if you provoked the confrontation. If you intentionally started the altercation or were seeking to cause harm, you are not legally justified in using force to defend yourself.
What This Means in Practice
If you are attacked in a public place in Hawaii, you must attempt to retreat if you can do so safely. Only if you cannot safely retreat and the threat is immediate can you legally use deadly force in self-defense.
However, if you are attacked in your home (or in certain cases, at your workplace), you do not have a duty to retreat. You are allowed to use reasonable force, including deadly force, without first trying to escape.
Sources:
1. https://www.ncsl.org/civil-and-criminal-justice/self-defense-and-stand-your-ground
2. https://collincountymagazine.com/2025/07/11/understanding-hawaiis-stand-your-ground-law/
3. https://www.findlaw.com/criminal/criminal-law-basics/stand-your-ground-laws.html
