Penalty Info

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West Virginia State law

State law — West Virginia

5 verified · 11 possibly — unconfirmed · 0 verification pending

Offences by family

Against the person

Assault (aggravated) Verified against official source

Verified against official source

This range was checked against the official legal text.

Statutory range

Malicious assault — shoot/stab/cut/wound with intent to maim, disfigure, disable, kill

Imprisonment
2–10 years
Fine
No fine stated

Felony.

Unlawful assault — same act, without malice

Imprisonment
1–5 years (or jail 0–12 months)
Fine
$0–$500

Felony; jail/fine alternative in the court's discretion.

Note on this entry

Strangulation/suffocation (§ 61-2-9d) is a separate felony: 1–5 years (1st), 2–10 years (2nd+).

Statute
W. Va. Code § 61-2-9(a)
Official source
code.wvlegislature.gov (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Assault (simple) Verified against official source

Verified against official source

This range was checked against the official legal text.

Statutory range

Assault — attempt / apprehension of violent injury

Imprisonment
0–6 months
Fine
$0–$100

Misdemeanour.

Battery — insulting/provoking contact or physical harm

Imprisonment
0–12 months
Fine
$0–$500

Misdemeanour.

Statute
W. Va. Code § 61-2-9(b)–(c)
Official source
code.wvlegislature.gov (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Domestic violence Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Domestic battery — 1st offence Possibly — unconfirmed

Imprisonment
0–12 months
Fine
$0–$500

Misdemeanour.

Domestic assault — 1st offence Possibly — unconfirmed

Imprisonment
0–6 months
Fine
$0–$100

Misdemeanour.

Domestic battery/assault — 2nd offence Possibly — unconfirmed

Imprisonment
30 days–6 months
Fine
Fine not verified

Verify range.

Domestic battery/assault — 3rd or subsequent offence Possibly — unconfirmed

Imprisonment
1–5 years
Fine
Fine not verified

Felony; verify range.

Note on this entry

Verify § 61-2-28 tiers against official text.

Statute
W. Va. Code § 61-2-28 (domestic battery / assault)
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Underlying offence, priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Homicide — manslaughter Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Voluntary manslaughter Possibly — unconfirmed

Imprisonment
1–15 years
Fine
No fine stated

Felony.

Involuntary manslaughter Possibly — unconfirmed

Imprisonment
1–5 years
Fine
Fine not verified

Verify range against official text.

Note on this entry

Verify §§ 61-2-4, 61-2-5 against official text.

Statute
W. Va. Code §§ 61-2-4, 61-2-5
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Homicide — murder Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

1st-degree murder Possibly — unconfirmed

Imprisonment
Life without parole ('without mercy') or life with parole eligibility ('with mercy')
Fine
No fine stated

2nd-degree murder Possibly — unconfirmed

Imprisonment
10–40 years
Fine
No fine stated
Note on this entry

West Virginia abolished the death penalty in 1965. 'Life with mercy' = parole eligibility after 15 years; 'life without mercy' = no parole.

Statute
W. Va. Code §§ 61-2-1–61-2-3
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Sexual offences

Sexual assault / rape Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Sexual assault 1st degree — forcible compulsion + aggravator Possibly — unconfirmed

Imprisonment
15–35 years
Fine
$0–$10,000

Sexual assault 2nd degree — forcible compulsion Possibly — unconfirmed

Imprisonment
10–25 years
Fine
$0–$10,000

Sexual assault 3rd degree — no consent / incapacity Possibly — unconfirmed

Imprisonment
1–5 years
Fine
$0–$10,000
Note on this entry

Verify §§ 61-8B-3 to 61-8B-5 against official text; fine figures not verified.

Statute
W. Va. Code §§ 61-8B-3–61-8B-5
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, victim age beyond tier, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Property

Burglary Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Burglary — dwelling/outhouse, intent to commit a crime (§ 61-3-11(a)) Possibly — unconfirmed

Imprisonment
1–15 years
Fine
No fine stated

Felony.

Daytime entry without breaking, dwelling, intent to commit a crime (§ 61-3-11(b)) Possibly — unconfirmed

Imprisonment
1–10 years
Fine
No fine stated

Felony.

Entry of building other than dwelling, intent felony/larceny (§ 61-3-12) Possibly — unconfirmed

Imprisonment
1–10 years
Fine
No fine stated

Felony.

Entry of automobile/motorcar/bus, intent felony/larceny (§ 61-3-12) Possibly — unconfirmed

Imprisonment
2–12 months
Fine
$0–$100

Misdemeanour.

Note on this entry

No fine stated in the burglary sections checked.

Statute
W. Va. Code §§ 61-3-11, 61-3-12
Official source
code.wvlegislature.gov (official) for § 61-3-12; LawServer for § 61-3-11
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Robbery Verified against official source

Verified against official source

This range was checked against the official legal text.

Statutory range

Robbery 1st degree — violence, or threat of deadly force with firearm/deadly weapon

Imprisonment
Minimum 10 years (no maximum stated in retrieved text)
Fine
No fine stated

Includes attempts.

Robbery 2nd degree — fear of bodily injury by other means, or disabling means

Imprisonment
5–18 years
Fine
No fine stated

Includes attempts.

Bank robbery (subsection (c))

Imprisonment
10–20 years
Fine
No fine stated

Verify current status — 2023 bill proposed eliminating the separate bank-robbery crime.

Bank robbery with dangerous weapon / jeopardy to life

Imprisonment
10–25 years
Fine
No fine stated
Note on this entry

No fine stated in § 61-2-12. A 2023 bill proposed capping 1st-degree robbery at 80 years; the current official text as retrieved states 'not less than ten years' with no stated maximum — the tier below reflects the retrieved text.

Statute
W. Va. Code § 61-2-12
Official source
code.wvlegislature.gov (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Theft Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Grand larceny — value $1,000 or more Possibly — unconfirmed

Imprisonment
1–10 years (or jail 0–1 year, in the alternative)
Fine
$0–$2,500

Felony.

Petit larceny — value under $1,000 Possibly — unconfirmed

Imprisonment
0–1 year
Fine
$0–$2,500

Misdemeanour.

Note on this entry

Larceny thresholds: grand larceny at $1,000. Verify §§ 61-3-13, 61-3-18 against official text.

Statute
W. Va. Code §§ 61-3-13, 61-3-18 (larceny)
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, restitution, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Vandalism / criminal damage Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Damage $2,500 or more Possibly — unconfirmed

Imprisonment
1–10 years
Fine
Fine not verified

Felony; verify threshold and fine.

Damage under $2,500 Possibly — unconfirmed

Imprisonment
0–1 year
Fine
$0–$2,500

Misdemeanour; verify threshold.

Note on this entry

Verify § 61-3-30 against official text.

Statute
W. Va. Code § 61-3-30 (destruction of property)
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion, restitution. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Fraud & financial

Fraud Verified against official source

Verified against official source

This range was checked against the official legal text.

Statutory range

False pretences — value $1,000 or more

Imprisonment
1–10 years (or jail 0–1 year, in the alternative)
Fine
$0–$2,500

Felony (punished as larceny).

False pretences — value under $1,000

Imprisonment
0–1 year
Fine
$0–$2,500

Misdemeanour.

False pretences — obtaining a signature (forgery-type writing)

Imprisonment
1–5 years (or jail 0–1 year, in the alternative)
Fine
$0–$2,500

Felony.

Statute
W. Va. Code § 61-3-24 (false pretences)
Official source
code.wvlegislature.gov (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Loss beyond tier, priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Drugs

Drug possession Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Simple possession — 1st offence Possibly — unconfirmed

Imprisonment
90 days–6 months
Fine
$0–$1,000

Misdemeanour.

Simple possession — 2nd or subsequent offence Possibly — unconfirmed

Imprisonment
0–1 year
Fine
$0–$5,000

Range not verified from official text; verify.

Note on this entry

Simple possession is § 60A-4-401(c). Second-offence range was not verified against official text in this session — verify before publishing.

Statute
W. Va. Code § 60A-4-401(c)
Official source
code.wvlegislature.gov (official) for § 60A-4-401(a)/(b); mirrors for (c)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Drug trafficking / sale Verified against official source

Verified against official source

This range was checked against the official legal text.

Statutory range

Schedule I/II narcotic or methamphetamine

Imprisonment
1–15 years
Fine
$0–$25,000

Felony.

Fentanyl (alone or in combination)

Imprisonment
3–15 years
Fine
$0–$50,000

Felony.

Other Schedule I, II, or III

Imprisonment
1–5 years
Fine
$0–$15,000

Felony.

Schedule IV

Imprisonment
1–3 years
Fine
$0–$10,000

Felony.

Schedule V

Imprisonment
6 months–1 year
Fine
$0–$5,000

Misdemeanour.

Note on this entry

Fentanyl: 3–15 years / fine up to $50,000. Drug delivery resulting in death (§ 60A-4-416): 10–40 years, minimum 10 years before parole eligibility (2025 amendment).

Statute
W. Va. Code § 60A-4-401(a)
Official source
code.wvlegislature.gov (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, quantity, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Weapons

Weapons offences Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Possession of a firearm by a prohibited person (§ 61-7-7) Possibly — unconfirmed

Imprisonment
1–3 years
Fine
Fine not verified

Felony; verify fine.

Wanton endangerment involving a firearm (§ 61-7-12) Possibly — unconfirmed

Imprisonment
1–5 years
Fine
Fine not verified

Felony.

Note on this entry

Wanton endangerment involving a firearm (§ 61-7-12): felony 1–5 years. Verify § 61-7-7 penalty tiers against official text.

Statute
W. Va. Code §§ 61-7-7, 61-7-12
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Traffic & transport

DUI / drink driving Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

1st offence Possibly — unconfirmed

Imprisonment
0–6 months (24 hours minimum in some forms)
Fine
$100–$500

Misdemeanour.

2nd offence within 10 years Possibly — unconfirmed

Imprisonment
6 months–1 year
Fine
$1,000–$3,000

Misdemeanour.

3rd offence within 10 years Possibly — unconfirmed

Imprisonment
1–3 years
Fine
$3,000–$5,000

Felony.

Note on this entry

Aggravated DUI (BAC ≥0.15) raises the 1st-offence range to 48 hours–6 months and fine $200–$1,000. Third offence within 10 years is a felony (1–3 years, $3,000–$5,000). Verify § 17C-5-2 against official text.

Statute
W. Va. Code § 17C-5-2
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, BAC, minor passenger, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Cyber & digital

Cybercrime / hacking Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Computer fraud — loss over $1,000 Possibly — unconfirmed

Imprisonment
1–10 years
Fine
$0–$10,000

Felony; verify threshold.

Computer fraud / unauthorised access — loss $1,000 or less Possibly — unconfirmed

Imprisonment
0–1 year
Fine
$0–$2,500

Misdemeanour; verify threshold.

Note on this entry

West Virginia's computer-crimes act is §§ 61-3C-1–61-3C-21. Tier details below were not verified against official text — verify §§ 61-3C-14, 61-3C-14b before publishing.

Statute
W. Va. Code §§ 61-3C-14, 61-3C-14b (computer fraud / unauthorised access)
Official source
Secondary summaries (non-official); official re-check needed
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Loss beyond tier, priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.