Over 25 Years of Experience in Criminal Defense
If you are convicted of assault, it can have a deep impact on your life, including your employment opportunities in the future. If you have been charged with this serious crime, it is imperative that you contact an attorney who is not only experienced, but is also committed to defending you at any cost. We, at the Mountaineer Criminal Law Group, are dedicated criminal lawyers with more than 25 years of combined experience in handling a number of criminal cases.
Assault & Battery According to West Virginia Law
Even though assault and battery are often used together, these are two separate criminal offenses in West Virginia. Assault is an attempt to threaten violence or impose a violent injury with an obvious and present ability to carry out the violent act. Battery is a deliberate physical act which itself is provoking, humiliating, or resulting in physical harm. The difference between the two is whether physical contact is existent or nonexistent. Assault is sometimes defined as an attempt to commit a battery.
The different types of assault are as follows:
This is an attempt to cause harm usually without any type of weapon. This can also be defined as causing fear in another person over the threat of physical violence. It is considered to be a misdemeanor.
This is a felony caused by a person who stabs, injures, cuts, or shoots a person with the intention of maiming, disabling, disfiguring, or killing another person. A deadly weapon is used in this type of assault.
This is an attempt to cause serious bodily injury and/or is an attack using a dangerous or deadly weapon. It is considered to be a felony.
Any assault that is sexual in nature. It is usually considered a felony.
Penalties for Assault & Battery in West Virginia
For simple assault, one is liable to 6 months in jail along with a fine of $100. On the other hand, simple battery can result into punishment of 12 months in jail along with a $500 fine. Repeat offenders of assault or battery or committing such offenses against a government official have more serious consequences. Penalties under such circumstances include a prison time of 1-3 years with a $1,000 fine for a second offense, and a prison time of 2-5 years with a fine amount of $2,000 for a third offense.
If the assault or battery is a result of domestic dispute, the penalties can be greater for the repeat offenders. Following domestic assault offenses are considered to be felonies and include these penalties:
- A minimum of 30-60 days in jail with a maximum period of 1 year along with a fine of up to $1,000 for second offense
- A minimum of 1 year in prison with a fine amount of up to $2,500 for a third offense
If you are facing assault or battery charges, call your local West Virginia criminal lawyer right away. The sooner you call, the sooner we can start work on your case. We, at the Mountaineer Criminal Law Group, can get your charges reduced or even dismissed altogether. Call us at (304) 900-3391 now for a free consultation.