West Virginia Charges for Crimes by Felony Class

In West Virginia, a felony is a criminal offense which carries a sentence of one year or more.  Felonies are not classified by letters (I.E., “Class A”).  A few crimes are distinguished by degree, such as murder, arson and robbery.  However, most crimes in West Virginia are simply defined by statute and do not include a classification.

Felony Sentencing and Convictions in West Virginia

The following provides an example of crimes and their respective degrees for the crime and the particular sentence for the felony crime.

• Murder in the First Degree: Includes murder by poison, lying in wait, imprisonment, starving, or by any willful, deliberate and premeditated killing, or in the commission of, or attempt to commit, arson, kidnapping, sexual assault, robbery, burglary, breaking and entering, escape from lawful custody, or a felony offense of manufacturing or delivering a controlled substance.
  • Sentencing - confinement in the state penitentiary for life
• Murder in the Second Degree: includes all other types of murder
  • Sentencing- not less than 10 nor more than 40 years
  
  
• Arson in the First Degree: Defined as any person who willfully and maliciously sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any dwelling, whether occupied, unoccupied or vacant, or any outbuilding, whether the property of himself or herself or of another
  • Sentencing: 2-20 years imprisonment
    
    
• Robbery in the Second Degree: Defined as any person who commits or attempts to commit robbery by placing the victim in fear of bodily injury by means other than those set forth in subsection (a) of this section or any person who commits or attempts to commit robbery by the use of any means designed to temporarily disable the victim, including, but not limited to, the use of a disabling chemical substance or an electronic shock device
  • Sentencing: 5-18 years imprisonment
    
    
• Voluntary Manslaughter
  • Sentencing: 3- 15 years imprisonment
    
    
• Assault during commission of or attempt to commit a felony
  • Sentencing: 2-10 years imprisonment

• Arson in the Second Degree: Defined as any person who willfully and maliciously sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any building or structure of any class or character, whether the property of himself or herself or of another
  • Sentencing: 1-10 years imprisonment
    
    
• Robbery in the First Degree: Defined as any person who commits or attempts to commit robbery by: (1) Committing violence to the person, including, but not limited to, partial strangulation or suffocation or by striking or beating; or (2) uses the threat of deadly force by the presenting of a firearm or other deadly weapon
  
  • Sentencing: not less than 10 years imprisonment
    
    
• Wanton endangerment involving the use of fire
  
  • Sentencing: 1- 5 years imprisonment

West Virginia Felony Records and Expungement

West Virginia does not permit anyone convicted of a felony offense to have his or her records expunged.

West Virginia Statute of Limitations

There are no statutes of limitation for the prosecution of criminal felony cases in the State of West Virginia.

Help from a Lawyer in West Virginia for Felony Charges

If one is charged with a felony in West Virginia, one should consider retaining an experienced criminal attorney.  An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.