West Virginia Felony: Laws, Penalties, Sentencing, and Records

A felony is the most severe crime in West Virginia. It attracts a punishment of a year or more in state prison. This crime has lasting consequences for a convicted individual, including incarceration in correctional facilities, fines, restrictions on their civil rights, and a criminal record.

In West Virginia, the criminal laws do not permit the use of a standardized felony classification system. Instead, penalties are determined by lawmakers and judges on a crime-by-crime basis.

What Is Considered a Felony in West Virginia?

In West Virginia, crimes that are considered felonies are defined under Chapter 61 of the West Virginia Code. Common felonies in the state include:

• Violent Crimes: Murder, manslaughter, rape, aggravated assault, robbery, and kidnapping.
• Drug Crimes: Manufacturing and distribution of drugs and banned substances.
• Property Crimes: Crimes like arson, burglary, and grand larceny.
• White-Collar Crimes: Fraud, embezzlement, forgery, and identity theft.
• Weapons Offenses: Felon in possession of a firearm or trafficking of firearms or weapons.

What Is a Felony in West Virginia?

In West Virginia, the law defines a felony as any crime that merits punishment by incarceration in the state penitentiary for more than one year. Other crimes, like misdemeanors, are punishable by lesser sentences (less than a year) served in county jails. An individual convicted of a felony in West Virginia may experience some circumstances, including:

• Incarceration in a state facility with a minimum of one year to life imprisonment.
• Payment of fines, which could be as high as $25,000 or more.
• Loss of civil rights, which may result in the inability to vote, own a firearm, and be eligible for some professional licenses.
• A criminal record may adversely affect job opportunities and access to housing options.

Felony Penalties in West Virginia

Since West Virginia does not classify felonies into different classes, penalties are assigned to each offense based on the allowable sentences.

Examples of West Virginia Felony Penalties include:

• First-Degree Murder attracts life imprisonment, with or without the possibility of parole.
• A second-Degree Murder case is sentenced to a minimum of 10 years to life inprisonment.
• Manslaughter could take between 3 and 15 years in prison.
• Kidnapping carries a sentence of 3 years to life imprisonment.
• Robbery (First Degree) is sentenced to life imprisonment or 10 years.
• Arson (First Degree) felons spend between 2 and 20 years in prison.
• Grand Larceny crimes may be sentenced to a maximum of 10 years in prison.

Felony Sentencing Guidelines in West Virginia

Various factors guide the judges in sentencing of felony crimes in West Virginia. These include statutory ranges, judicial discretion, and the presence of aggravating or mitigating factors.

Key Sentencing Factors are listed below:

• Statutory Penalties: There is a certain range of sentences set by the criminal law for each offense.
• Mandatory Minimums: When individuals are convicted of certain felonies, the court imposes a minimum prison term for such crimes.
• Aggravating Factors: These are factors that can increase the sentence length in a felony case. They include crimes committed against children or elderly victims, repeat offenses by offenders, involvement with gang or terrorist groups, or the use of deadly weapons.
• Mitigating Factors: The presence of first-time offender status, cooperation with law enforcement officers, or successful rehabilitation lowers the length of a sentence.
• Habitual Offender Law: This law imposes an additional penalty on an offender with a history of repeated felony convictions. It may even result in life imprisonment for the offender.
• Probation and Alternative Sentencing: The court may issue probation or parole as an alternative to a prison term or the completion of a term in prison.

Felony Laws and Procedures in Major West Virginia Cities

Individuals interested in learning about the rules and procedures of felonies in West Virginia cities may contact the Circuit Court where the case was tried. They may do so in some major cities, such as:

Charleston (Kanawha County)

Felonies in Charleston City are prosecuted in the Kanawha County Circuit Court. Records are available at the office of the Kanawha County Clerk.

Huntington (Cabell County)

Felony prosecutions in Huntington are handled in the Cabell County Circuit Court. The Cabell County Clerk’s Office assists the public with forms necessary for the prosecution of felony cases.

Morgantown (Monongalia County)

The Monongalia County Circuit Court is responsible for prosecuting felony cases in Morgantown. Individuals may approach the clerk’s office for assistance with filing criminal cases or completing forms.

How to Search for Felony Records in West Virginia

West Virginia’s Freedom of Information Act allows the public to access felony convictions as long as they are not sealed by statute or court order. The state allows the expungement of certain nonviolent felonies after a waiting period of about five to ten years. The state offers multiple avenues where individuals may access felony records, which include:

West Virginia Judiciary Case Search

The West Virginia Judicial Branch provides a Case Search Portal that allows the public to view felony cases from any county in the state. They may view the case files by choosing the name of the offender or case number as a search criterion.

Circuit Court Clerk’s Offices

Record seekers may request criminal records, including felony convictions, from the Clerk of the Circuit Court in the county where the offense was committed. They must pay a fee for copies of the documents.

West Virginia State Police – Criminal Records Section

The State Police Criminal Identification Bureau maintains official statewide records of criminal histories that include convictions for felony offenses. The public may contact the bureau’s office for copies of felony records.

Local Police and Sheriff’s Departments

Finally, law enforcement agencies maintain arrest and booking records. Individuals may contact their offices to request copies of felony records.

Why Understanding Felonies in West Virginia Matters

Since felony convictions in West Virginia may bring serious consequences that extend well beyond fines and incarceration for the convict. Individuals, employers, and organizations must acquire knowledge on this subject. It is crucial that they understand the laws, sentencing guidelines, and consequences of felonies in the state.

In West Virginia, felonies are defined by statute rather than classes. It has penalties that range from a year in prison to life imprisonment or death for capital offenses. Factors such as repeated felonies by offenders, aggravating factors, mitigating factors, and severity of the case may affect sentencing.

Most felony records are available to the public. So, record seekers may access the documents online through the search case portal, in person from the Circuit Court Clerks, or from the local police departments.