In West Virginia, as in most states, misdemeanors are crimes that carry potential sentences of no more than a year in jail, plus a fine. Felonies, in contrast, may be punished by incarceration in state prison. This article reviews misdemeanor charges, crimes, and penalties in West Virginia.
Unlike most states, West Virginia doesn't classify misdemeanors into different groups or classes (like class A) for purposes of sentencing. Instead, the laws for each crime establish the maximum allowable penalty—and, sometimes, a required minimum penalty.
The least-serious misdemeanors are punishable by only a fine. In most cases, however, judges have the option of sentencing the defendant to time in jail, imposing a fine, or both.
(W. Va. Code §§ 61-11-1, 61-11-17 (2023).)
The most common penalties for misdemeanor charges are maximum jail sentences of 60 days, six months, or one year. Here are some examples of misdemeanor crimes and potential penalties in West Virginia.
Within the limits established in the criminal laws, it's up to judges to decide the appropriate sentence in each case.
(W. Va. Code §§ 61-2-9, 61-2-9a, 61-3-13, 61-3A-3, 61-3C-14a, 61-5-17, 61-7-7, 61-8-9 (2023).)
The penalties for some misdemeanors are stiffer if you have a previous conviction for the same crime. And for some crimes that are normally treated as a misdemeanor, you can be charged with a felony for your second or third offense. For instance:
Targeting certain victims can also lead to harsher penalties for misdemeanors. As examples:
(W. Va. Code §§ 17B-4-3(b), 61-2-9a, 61-2-10a, 61-2-10b, 61-2-28, 61-8-19b, 61-8-28a (2023).)
When you're convicted of a misdemeanor in West Virginia, the judge may, under certain circumstances, suspend your jail sentence and place you on probation with conditions. Those conditions could include home incarceration with electronic monitoring. In the case of a first offense for simple possession of illegal drugs (including marijuana), the law specifically says that the charges will be dismissed once you've met the probation terms and conditions.
West Virginia allows other jail alternatives for misdemeanor sentences, including:
The state also has drug courts that provide intensive judicial supervision and oversight for defendants whose addiction likely contributed to the underlying offense.
(W. Va. Code §§ 60A-4-401(c), 60A-4-407, 62-11A-1, 62-11A-1a, 62-11B-4, 62-12-2, 62-12-3, 62-15-6 (2023).)
A criminal statute of limitations sets the deadline for bringing charges for a crime. In West Virginia, the statute of limitations for misdemeanors is one year from the time of the alleged crime.
(W. Va. Code § 61-11-9 (2023).)
Being convicted of any crime, even a misdemeanor, could have negative consequences. If you have to serve time in jail, you could end up losing your job or your housing. And if you run into trouble with the law again, your criminal record could result in more severe penalties. If you're facing criminal charges, contact a local criminal defense lawyer who can protect your rights and help prepare your case to mount the strongest possible defense.