West Virginia Criminal Laws

West Virginia criminal laws establish guidelines for deterring and punishing crimes. The laws cover the elements of crimes and the associated penalties ranging from fines to life imprisonment.

Criminal laws serve two purposes. They deter crimes from happening and punish those who commit them. Welcome to FindLaw’s section on West Virginia’s criminal laws and penalties.

You’ll find articles here addressing a wide range of crimes in West Virginia, from telemarketing fraud and Ponzi schemes to sexual assault and first-degree murder. You’ll also learn about the state’s drug laws and criminal statute of limitations.

Misdemeanors in West Virginia

Misdemeanors are much less severe than felonies. Many people guilty of these criminal offenses serve no jail time.

• Examples of misdemeanor offenses in West Virginia
  • Battery
  • Cyberbullying
  • Shoplifting
  • Simple larceny
  • Indecent exposure
  • Obstructing a police officer
• Penalty range
  • In West Virginia, the penalties for misdemeanors range from probation to a maximum sentence of one year in jail. Judges in these cases often impose fines as well.

Felonies in West Virginia

Felonies are much more serious than misdemeanors. People guilty of misdemeanors, at most, face a short sentence in the county jail. However, defendants who commit a felony face a possible term in state prison.

West Virginia law classifies felonies based on the nature of the individual crime. The West Virginia code divides these crimes into violent and non-violent felonies.

• Examples of felony offenses in West Virginia include the following:
  • Kidnapping
  • Arson
  • Murder
  • Sexual assault
  • Drug crimes
  • Financial crimes
• Penalty range
  • The penalties for felonies in the State of West Virginia range from two years to life imprisonment without the possibility of parole. It all depends on the specific facts of the case and the nature of the crime. West Virginia abolished the death penalty in 1965.

How To Get a Criminal Record Expunged

In West Virginia, a person can petition the Circuit Court for an expungement once they have completed their sentence, which includes probation or supervision. The court may or may not approve your request, and not all crimes are eligible for expungement.

If you want the courts to expunge your criminal record, you must complete the following steps:

• Determine whether your crime is eligible for expungement – West Virginia law does not allow a person to expunge violent crimes, such as domestic violence, murder, and child abuse
• Gather the necessary documentation, including court records and other papers
• File a “Petition for Expungement” with the local Circuit Court in the county where your conviction took place

You can find more information on expungement in the West Virginia Code.

A West Virginia Criminal Defense Attorney Can Help

If you need help with your case, it’s best to consult an experienced West Virginia criminal defense lawyer. Even if your criminal case is for a misdemeanor, you’ll still face penalties that can include fines and possible jail time. An attorney can help you work out any legal issues you’re experiencing and assist you in achieving the best possible outcome.

FindLaw Articles About West Virginia’s Criminal Laws

You can read about the following crimes in the West Virginia Code. Criminal statutes are often written in a dense and difficult-to-understand style, so we’ve summarized felonies and misdemeanors in the state of West Virginia using plain English.

The articles below explain West Virginia’s criminal laws and describe the most common crimes and accompanying penalties. If you’re facing criminal charges and already have a criminal record, the penalties for these crimes may be more severe.

Click the links below to learn more about West Virginia’s criminal laws.