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West Virginia Misdemeanor Crimes by Class and Sentences

Misdemeanors in West Virginia are crimes punishable up to a year in county or local jail. More serious crimes (felonies) are punishable by state prison terms. (W.V. Ann. Code § 61-11-1.)

For more information on felonies in West Virginia, see West Virginia Felony Crimes by Class and Sentences.

In most states, lawmakers set forth various categories of crimes (such as “serious misdemeanors” or “class 1 misdemeanors”) and, for each category, fix a maximum sentence. In West Virginia, lawmakers fix sentences on a crime-by-crime basis.

(W.V. Ann. Code § 61-11-17.)

For example, under West Virginia’s laws, battery (causing injury to another) is punishable by up to twelve months in jail, a fine up to $500, or both. For more information on the penalties for battery and related crimes, see West Virginia Assault and Battery Laws.

Marijuana possession in West Virginia is punishable by 90 days to six months in jail, a fine of up to $1,000, or both a fine and jail. For more information, see West Virginia Marijuana Laws.

Statutes of Limitations

A statute of limitations is a time period, set by lawmakers, during which the state must begin criminal prosecution. The statute of limitations begins to “run” when the crime is committed. In West Virginia, there are no statutes of limitations for felonies, but misdemeanors have statutes of limitations of one year.

For more information, see West Virginia Criminal Statute of Limitations.

The Value of Legal Representation

Being convicted of any crime, whether a misdemeanor or a felony, can have significant and long-lasting consequences. If you are charged with a crime in West Virginia, you should contact a local criminal defense attorney. An attorney can tell you what to expect in court and how to prepare your case to mount the strongest possible defense and protect your rights.

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