West Virginia Criminal Law Lawyers

What is a felony in West Virginia?

Felonies in West Virginia are crimes that may be punished by incarceration in state prison. All other, less-serious crimes are treated as misdemeanors. (W.V. Code § 61-11-1 (2020).

How Felony Sentencing Works in West Virginia

West Virginia uses what’s known as “indeterminate” sentencing for most—but not all—felonies. That means that the judge sets a minimum and maximum term when imposing a prison sentence (such as five to 10 years). The defendant will be eligible to be considered for parole after serving the minimum term. (W.V. Code §§ 61-11-16, 62-12-13a (2020).)

A few serious felonies require definite terms. For instance, first-degree murder requires a life sentence, while second-degree murder requires a fixed term of between 10 and 40 years in prison. Even for other felonies, a judge may designate a definite term in prison. But the parole board will consider that sentence as no more than the judge’s opinion about the appropriate time that the defendant should serve before being considered for release on parole. (W.V. Code §§ 61-2-2, 61-2-3, 61-11-16 (2020).)

Unlike many states, West Virginia doesn’t group felonies into classes for purposes of sentencing. Instead, the laws for individual felonies spell out the allowable sentences for that crime. Most criminal statutes list both minimum and maximum terms, while some list only the minimum term.

For example:

• Malicious assault carries a minimum sentence of at least two years and a maximum term of no more than ten years.
• First-degree robbery (using violence or the threat of violence) simply requires a minimum sentence of at least 10 years, while second-degree robbery (which involves putting the victim in fear of injury or using something like a stun gun to disable the victim) requires a minimum sentence of at least five years and a maximum of no more than 18 years.

Certain felonies allow judges to impose a fine in addition to a prison sentence. For instance, someone convicted of manufacturing meth could be fined up to $25,000 in addition to the indeterminate prison sentence, which has a one-year minimum and a 15-year maximum. (W.V. Code §§ 60A-4-401, 61-2-9, 61-2-12 (2020).)

YOU DESERVE A QUALIFIED, EXPERIENCED CRIMINAL LAW ATTORNEY IN WEST VIRGINIA

When your freedom is on the line, you should absolutely be picky about choosing your lawyer. If you want someone who appreciates the gravity of your situation and is prepared to handle any surprises, give me a call.

• General Intent Crimes
• General Intent is also called “basic intent.” You only need have the intent to perform the act; you do not have to intend to commit a crime or break a law. General intent is easily evidenced by the crime of battery. Jasper feels like swinging his arms wildly about. Robert is nearby and Jasper hits Robert, while he was swinging his arms. It was an accident; regardless, Jasper is guilty of battery.

• Juvenile Crime
• Juveniles, those under the age of 18, are protected by special rules for the prosecution of their criminal case.

Constitutional Rights

• Miranda Rights: An individual has rights during police questioning, such as the right to remain silent and the right to an attorney.
• Fourth Amendment Rights: The Fourth Amendment protects an individual from unreasonable search, seizure, and arrest.
• Right to Legal Counsel: Everyone has the right to competent legal counsel throughout the criminal justice system, even upon appeal.
• Right to a Speedy Trial: Everyone has the right to a trial within a “reasonable” period of time.
• Protection from Double Jeopardy: Everyone has the right not to be tried of the same crime twice.
• Sixth Amendment Rights: Everyone has the right to confront anyone who accuses you of a crime. The cross examination of a witness during trial is an example of Sixth Amendment rights.
• Protection from Cruel and Unusual Punishment: Everyone has the right to be protected from unduly harsh punishment.
• Prisoners’ Civil Rights: Those, convicted of crimes and incarcerated, maintain civil rights such as the right to be free from sexual crimes and sexual harassment, the right to complain about prison facilities, the right to appeal their cases, the right for disabled prisoners to have access to programs, the right to medical care, and the right to mental health care.

Expungement

If information is expunged from someone’s record, it is sealed and, legally, is as if the arrest or conviction never happened for most intents and purposes of daily life. Only certain governmental agencies have access to the sealed portions of a criminal record.

At Kevin P. Davis Attorney at Law, it is our goal to make sure you understand your rights and your options. From the most basic misdemeanors to the most serious felonies, the approach is the same. Each person charged with a crime deserves the best defense allowable by law. With KPD Attorney at Law, that is what you will come to expect.