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West Virginia State law
State law — West Virginia
Offences by family
Against the person
Assault (aggravated) 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.
Strangulation/suffocation (§ 61-2-9d) is a separate felony: 1–5 years (1st), 2–10 years (2nd+).
Assault (simple) 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.
Domestic violence 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.
Verify § 61-2-28 tiers against official text.
Homicide — manslaughter 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.
Verify §§ 61-2-4, 61-2-5 against official text.
Homicide — murder 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
West Virginia abolished the death penalty in 1965. 'Life with mercy' = parole eligibility after 15 years; 'life without mercy' = no parole.
Sexual offences
Sexual assault / rape 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
Verify §§ 61-8B-3 to 61-8B-5 against official text; fine figures not verified.
Property
Burglary 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.
No fine stated in the burglary sections checked.
Robbery 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
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.
Theft 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.
Larceny thresholds: grand larceny at $1,000. Verify §§ 61-3-13, 61-3-18 against official text.
Vandalism / criminal damage 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.
Verify § 61-3-30 against official text.
Fraud & financial
Fraud 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.
Drugs
Drug possession 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.
Simple possession is § 60A-4-401(c). Second-offence range was not verified against official text in this session — verify before publishing.
Drug trafficking / sale 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.
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).
Weapons
Weapons offences 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.
Wanton endangerment involving a firearm (§ 61-7-12): felony 1–5 years. Verify § 61-7-7 penalty tiers against official text.
Traffic & transport
DUI / drink driving 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.
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.
Cyber & digital
Cybercrime / hacking 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.
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.