The Best Criminal Defense Law Office in Southern West Virginia

Criminal Defense Attorney in West Virginia

Assault and Battery Misdemeanors in the State of West Virginia

Assault and battery in West Virginia is defined as a crime in which a person causes violent injury to another person, or causes a person to feel threatened by words or actions. Both of these misdemeanors involve bodily harm, but assault is generally regarded as a more serious and violent crime. If a person commits assault or battery against a household member, including family, it is considered to be a domestic crime. Repeat offenses occurring in the last ten years cause the penalty for these crimes to be more severe than first offenses.

Assault Charges in West Virginia

Basic Assault Charge: Up to six months in jail and/or a fine up to $100.

Assault Against Special Victims: 24 hours to six months in jail and/or a fine up to $200.

Second Offense Against Special Victim: One to three years in prison and/or a fine up to $1,000.

Third Offense Against Special Victim: Two to five years in prison and/or a fine up to $2,000.

Battery Charges in West Virginia

Basic Battery Charge: Up to 12 months in jail and/or a fine up to $500.
Battery Against Special Victims: One month to a year in jail and/or a fine up to $500.
Second Offense Against Special Victim: One to three years in prison and/or a fine up to $1,000.

Third Offense Against Special Victim: Two to five years in prison and/or a fine up to $2,000.

In the case of assault and battery charges, a special victim is considered to be a government representative that was engaged in his or her official duties at the time of the offense, such as:

  • State Worker
  • Police Officer
  • State Contractual Employee
  • Healthcare Worker
  • Emergency Service Personnel
  • Paramedic
  • Firefighter

Call us today at (866) 386-7374 to find out more!