How serious is misdemeanor battery?

Misdemeanor battery is a violent crime, and while the length of potential imprisonment is less than for a felony battery, it remains a serious conviction. For all criminal charges, if the defendant lacked the requisite state of mind for the crime, charges cannot stand.

Can you go to jail for a misdemeanor in West Virginia?

In West Virginia, as most states, misdemeanors are crimes that carry potential sentences of no more than a year in jail and/or a fine. Felonies, in contrast, may be punished by incarceration in state prison.

What is the sentence for domestic battery in WV?

The penalty for domestic battery in West Virginia is up to one year in jail or a fine up to $500, or both. If the domestic battery is the offender’s second domestic violence offense, the defendant must serve a minimum of sixty days or up to one year in jail or pay a fine up to $1000, or both.

Can domestic battery charges be dropped in WV?

A domestic violence charge could ruin your career and your future. To get the charges against you reduced or dismissed, you need a criminal defense attorney who knows the local court system and the law. Recht Law Offices has been serving the Weirton area since 1952.

Can you go to jail for misdemeanor battery?

A “battery” in simple terms is when you strike or attack someone without cause or provocation. It can be filed as either a misdemeanor or felony depending on the circumstances of the fight and the injuries sustained by the victim. Misdemeanor battery generally carries a jail sentence of not more than one year.

How long do they have to indict you in WV?

The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under West Virginia law, the statute of limitations depends on the severity of the crime you face, ranging from one year to no limit. If the indictment is stolen, lost, or destroyed, then the clock doesn’t run.

How is battery defined in WV?

(c) Battery. — Any person who unlawfully and intentionally makes physical contact with force capable of causing physical pain or injury to the person of another or unlawfully and intentionally causes physical pain or injury to another person, he or she is guilty of a misdemeanor . . . . 42.

Is battery a felony in WV?

Penalties for assault and battery Assault and battery are generally misdemeanors in West Virginia. Contact resulting in a minor bodily injury – a cut, scrape or bruise – is misdemeanor battery. The general penalty for misdemeanor assault is up to six months in jail and/or a fine of up to $100.

What’s the punishment for battery in West Virginia?

Assault is punishable by up to six months in jail or a fine up to $100, or both. Battery is punishable by up to twelve months in jail or a fine up to $500, or both.

Can a person be convicted of a misdemeanor in West Virginia?

A. Any Person Convicted under the Newly-Amended § 61-2-28(a) Is Prohibited from Possessing a Firearm. Any person convicted under West Virginia Code § 61-2-28(a) is also guilty of a “misdemeanor crime of domestic violence” and subject to the restraints of 18 U.S.C. § 922(g)(9).

What are the assault laws in West Virginia?

West Virginia Assault and Battery Laws. Assault in West Virginia consists of attempting to cause violent injury to another person or causing another person – by threats, words or actions – to feel afraid of impending violence. (W. Va. Code Ann. §61-2-9(b).)

What is the Statute of limitations in West Virginia?

(W.V. Code §§ 62-11A-1, 62-11A-1a (2020).) 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.V. Code § 61-11-9 (2020).)