WHAT EACH CHARGE CARRIES
41 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. West Virginia does not sort crimes into classes. Each offense section says whether it is a misdemeanor or a felony and sets its own jail term and fine, so each level here names the kind and the longest term that section allows.
41 charges
Larceny
1 YEAR MISD to 10 YEAR FELONY · up to 10 years
Also searched as theft, stealing, petit larceny, grand larceny
Simple larceny of goods or chattels, graded by value: petit larceny under $1,000 and grand larceny at $1,000 or more.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $2,500 fine | WhenPetit larceny: goods worth less than $1,000 |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $2,500 fine | WhenGrand larceny: goods worth $1,000 or more, from one to ten years |
Shoplifting
FINE ONLY MISD to 10 YEAR FELONY · up to 10 years
Also searched as retail theft, stealing from a store
Concealing merchandise, taking it past the last register, switching tags or containers, or making the register ring less, with intent not to pay the stated price.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jailUp to $250 fine | WhenFirst offense, merchandise worth $500 or less |
| 60 DAY MISDMisdemeanor, up to sixty days | Up to 60 days$100 to $500 fine | WhenFirst offense, merchandise worth more than $500 |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$100 to $500 fine | WhenSecond offense, $500 or less |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearAt least $500 fine | WhenSecond offense, more than $500, at least six months |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 years$500 to $5000 fine | WhenThird or later offense, any value, from one to 10 years |
Every conviction adds a penalty paid to the store of $50 or double the value, whichever is higher.
Worthless check
6 MONTH MISD to 10 YEAR FELONY · up to 10 years
Also searched as bad check, bounced check, insufficient funds
Getting money, goods or services with a check while knowing there is not enough in the account to pay it on presentation.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $200 fine | WhenA check for less than $500 |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $500 fine | WhenA check for $500 or more, from one to ten years |
Taking the identity of another person
5 YEAR FELONY · up to 5 years
Also searched as identity theft, identity fraud
Knowingly taking another person's name, birth date, social security number or other identifying information without consent, to pose as them for credit or financial transactions or to get a job.
| Level | Up to | When |
|---|---|---|
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $1,000 fine | WhenAny violation |
Financial exploitation of an elderly person
1 YEAR MISD to 20 YEAR FELONY · up to 20 years
Also searched as elder financial abuse, elder exploitation
Intentionally misappropriating or misusing the funds or assets of a person 65 years or older, a protected person or an incapacitated adult.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenLess than $1,000 |
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $10,000 fine | When$1,000 or more, from two to 20 years |
A conviction also carries an order of restitution.
Driving under the influence
6 MONTH MISD to 15 YEAR FELONY · up to 15 years
Also searched as DUI, drunk driving, impaired driving, drinking and driving
Driving in an impaired state, under the influence of alcohol, a controlled substance or another drug, or at eight hundredths of one percent or more.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$100 to $500 fine | WhenFirst offense, under fifteen hundredths |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$200 to $1,000 fine | WhenFirst offense, at fifteen hundredths or more, at least two days |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$200 to $1,000 fine | WhenWith a child under 16 in the vehicle, at least two days |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$1,000 to $3,000 fine | WhenSecond offense, at least six months |
| 5 YEAR FELONYFelony, up to five years | Up to 5 years$3,000 to $5,000, at the court's discretion fine | WhenThird or later offense, from two to five years |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 years$1,000 to $3,000 fine | WhenCausing serious bodily injury, from two to 10 years |
| 15 YEAR FELONYFelony, up to fifteen years | Up to 15 years$1,000 to $3,000 fine | WhenCausing a death, from three to 15 years |
Driving under 21 at two hundredths
FINE ONLY MISD · no jail
Also searched as underage DUI, zero tolerance
A driver under the age of 21 with an alcohol concentration of two hundredths of one percent or more, but less than eight hundredths.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$25 to $100 fine | WhenFirst offense |
The license is also suspended, and at eight hundredths or more the adult offense applies.
Reckless driving
90 DAY MISD · up to 90 days
Also searched as wanton driving
Driving any vehicle on a street, highway, parking area or school way in willful or wanton disregard for the safety of persons or property.
| Level | Up to | When |
|---|---|---|
| 90 DAY MISDMisdemeanor, up to ninety days | Up to 90 days$25 to $500 fine | WhenFirst conviction, at least five days |
Vehicular homicide
1 YEAR MISD to 10 YEAR FELONY · up to 10 years
Also searched as killing someone with a car
Causing a death that follows within one year as the proximate result of injury from driving in reckless disregard for the safety of others.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$1,000 to $10,000 fine | WhenVehicular homicide |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 years$2,500 to $5,000 fine | WhenIn a school zone or a construction zone, from two to 10 years |
Leaving the scene of an injury crash
1 YEAR MISD to 5 YEAR FELONY · up to 5 years
Also searched as hit and run
Intentionally failing to stop and remain at a crash where the driver knows or has reason to believe another person was injured.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenBodily injury |
| 3 YEAR FELONYFelony, up to three years | Up to 3 yearsUp to $2,500 fine | WhenSerious bodily injury, from one to three years |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenA death, from one to five years |
Driving while suspended or revoked
FINE ONLY MISD to 3 YEAR FELONY · up to 3 years
Also searched as DWS, driving on a suspended license, driving revoked
Driving on a public highway while the privilege to drive is lawfully suspended or revoked by this state or another.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$100 to $500 fine | WhenFirst or second offense |
| 90 DAY MISDMisdemeanor, up to ninety days | Up to 90 days$150 to $500 fine | WhenThird or later offense, at least thirty days |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$100 to $500 fine | WhenRevoked for DUI or refusal, first offense, at least thirty days |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$1,000 to $3,000 fine | WhenRevoked for DUI or refusal, second offense, at least six months |
| 3 YEAR FELONYFelony, up to three years | Up to 3 years$3,000 to $5,000 fine | WhenRevoked for DUI or refusal, third offense, from one to three years |
Passing a stopped school bus
6 MONTH MISD · up to 6 months
Also searched as stop arm violation
Meeting or overtaking a school bus stopped with its flashing warning lights on, from either direction, without stopping.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$500 to $1,000 fine | WhenFirst offense |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$1,000 to $1,500 fine | WhenSecond offense |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$2,000 fine | WhenThird or later offense, at least 48 hours |
Failing to move over
60 DAY MISD to 6 MONTH MISD · up to 6 months
Also searched as move over violation
Passing a stationary vehicle showing flashing or hazard lights without changing lanes where safe, or slowing to the speed the section sets.
| Level | Up to | When |
|---|---|---|
| 60 DAY MISDMisdemeanor, up to sixty days | Up to 60 daysUp to $500 fine | WhenAny violation |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$1,000 to $5,000 fine | WhenWhile also driving impaired, on top of the DUI penalties |
The license is also suspended for 90 days for property damage, six months for an injury and two years for a death.
Using a phone while driving
FINE ONLY MISD to 120 DAY MISD · up to 120 days
Also searched as texting and driving, handheld phone
Holding a phone, texting, making a call other than hands free, or using apps, video or games while operating a motor vehicle.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jailUp to $100 fine | WhenFirst conviction |
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jailUp to $200 fine | WhenSecond within 24 months |
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jailUp to $350 fine | WhenThird or later within 24 months, with three points |
| 30 DAY MISDMisdemeanor, up to thirty days | Up to 30 days$100 to $500 fine | WhenCausing physical harm to property |
| 120 DAY MISDMisdemeanor, up to one hundred twenty days | Up to 120 days$500 to $1,000 fine | WhenCausing serious physical harm to a person |
Speeding
FINE ONLY MISD to 6 MONTH MISD · up to 6 months
Also searched as speeding ticket, school zone speeding
Driving faster than is reasonable and prudent for the conditions, or faster than the limits the section sets or authorizes.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jailUp to $100 fine | WhenFirst conviction |
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$100 to $500 fine | WhenIn a school zone |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenThird within two years, at 15 miles per hour or more over |
Fleeing from an officer
1 YEAR MISD · up to 1 year
Also searched as eluding police, running from the police
Intentionally fleeing in a vehicle after an officer's clear visual or audible signal to stop, which does not include a reasonable attempt to reach a safe place.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$500 to $1,000 fine | WhenFleeing in a vehicle |
Fleeing with reckless driving, an injury or while impaired is a felony under the same section.
Brandishing a deadly weapon
1 YEAR MISD · up to 1 year
Also searched as brandishing a gun, pulling a weapon
Carrying, brandishing or using a firearm or other deadly weapon in a way that causes or threatens a breach of the peace.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$50 to $1,000 fine | WhenAny violation, at least ninety days |
Wanton endangerment with a firearm
5 YEAR FELONY · up to 5 years
Also searched as reckless discharge
Wantonly doing any act with a firearm that creates a substantial risk of death or serious bodily injury to another.
| Level | Up to | When |
|---|---|---|
| 5 YEAR FELONYFelony, up to five years | Up to 5 years$250 to $2,500 fine | WhenAny violation, from one to five years, or jail up to one year |
Possession of a firearm by a prohibited person
1 YEAR MISD to 5 YEAR FELONY · up to 5 years
Also searched as felon in possession
Possessing a firearm while barred by the section, as a person with a disqualifying conviction, an unlawful drug user, or someone adjudicated or committed.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$100 to $1,000 fine | WhenMost prohibited persons, at least 90 days |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenAfter a felony crime of violence or felony sexual offense |
A deadly weapon at a school
10 YEAR FELONY · up to 10 years
Also searched as gun at school
Possessing a firearm or other deadly weapon on a school bus, on the grounds of a primary or secondary school, or at a school function, outside the exceptions.
| Level | Up to | When |
|---|---|---|
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $5,000 fine | WhenAt a school, from two to 10 years |
Unlawful interception of communications
5 YEAR FELONY · up to 5 years
Also searched as illegal recording, wiretapping
Intentionally intercepting a wire, oral or electronic communication without being a party or having a party's prior consent, or disclosing or using what was intercepted unlawfully.
| Level | Up to | When |
|---|---|---|
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $10,000 fine | WhenAny violation |
Disorderly conduct
24 HOUR MISD · up to 24 hours
Also searched as disturbing the peace
Disturbing the peace of others in a public place by violent, profane, indecent or boisterous conduct or language, and persisting after an officer's request to desist.
| Level | Up to | When |
|---|---|---|
| 24 HOUR MISDMisdemeanor, up to twenty-four hours | Up to 24 hoursUp to $100 fine | WhenAny violation |
Trespass in a structure or conveyance
FINE ONLY MISD to 1 YEAR MISD · up to 1 year
Also searched as trespassing
Knowingly entering a structure or conveyance without authorization, or refusing to leave when the owner or tenant asks.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jailUp to $100 fine | WhenEntering or refusing to leave |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $100 fine | WhenEntering a structure posted as condemned |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$100 to $1,000 fine | WhenArmed, with intent to do bodily injury |
Obstructing an officer
1 YEAR MISD · up to 1 year
Also searched as resisting, obstruction
Forcibly or illegally hindering or obstructing a law-enforcement officer acting in an official capacity, by threats, menaces or acts.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$50 to $500 fine | WhenAny violation |
Approaching a first responder after a warning
1 YEAR MISD · up to 1 year
Also searched as 30 foot rule
After a verbal warning, knowingly approaching or remaining within 30 feet of a first responder in a way that impedes the duty, or to threaten physical harm.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$50 to $500 fine | WhenAny violation |
Underage possession of alcohol
72 HOUR MISD · up to 72 hours
Also searched as minor in possession, MIP, underage drinking
A person under the age of twenty-one who purchases, consumes, sells, serves or possesses alcoholic liquor.
| Level | Up to | When |
|---|---|---|
| 72 HOUR MISDMisdemeanor, up to seventy-two hours | Up to 72 hoursUp to $500 fine | WhenAny violation, or probation for a first offense |
Furnishing alcohol to someone under 21
10 DAY MISD · up to 10 days
Also searched as buying for minors
Knowingly buying for, giving or furnishing liquor to someone under twenty-one who is not related by blood or marriage.
| Level | Up to | When |
|---|---|---|
| 10 DAY MISDMisdemeanor, up to ten days | Up to 10 daysUp to $250 fine | WhenAny violation |
Public intoxication and drinking in public
FINE ONLY MISD to 60 DAY MISD · up to 60 days
Also searched as drunk in public, open container
Appearing in a public place intoxicated, drinking alcoholic liquor there, or offering a drink to another there.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$5 to $100 fine | WhenPublic intoxication or drinking, a first offense |
| 60 DAY MISDMisdemeanor, up to sixty days | Up to 60 days$5 to $100 fine | WhenDrinking in public, a second conviction |
Possession of a controlled substance
6 MONTH MISD · up to 6 months
Also searched as drug possession, marijuana possession
Knowingly or intentionally possessing a controlled substance without a valid prescription.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenSimple possession, at least 90 days |
A first offender may have the case deferred on probation and dismissed without a conviction.
Domestic battery and domestic assault
6 MONTH MISD to 10 YEAR FELONY · up to 10 years
Also searched as domestic violence, DV charge
Insulting or provoking contact with, or physical harm to, a family or household member, or an attempt or threat of an immediate violent injury to one.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenDomestic assault |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $2,000 fine | WhenDomestic battery |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $4,000 fine | WhenSecond domestic battery, at least 60 days |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $5,000 fine | WhenThird, within 20 years of a prior conviction, from two to 10 years |
Violating a protective order
1 YEAR MISD · up to 1 year
Also searched as breaking a restraining order
Knowingly and willfully violating the core terms of an emergency or final protective order, or a bail or probation condition protecting a person.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$250 to $2,000 fine | WhenFirst offense, at least twenty-four hours served |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$500 to $3,000 fine | WhenSecond offense, at least thirty days served |
Violating a personal safety order
90 DAY MISD to 1 YEAR MISD · up to 1 year
Also searched as breaking a safety order
Failing to comply with the relief granted in a temporary or final personal safety order.
| Level | Up to | When |
|---|---|---|
| 90 DAY MISDMisdemeanor, up to ninety days | Up to 90 daysUp to $1,000 fine | WhenFirst offense |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $2,500 fine | WhenSecond or later offense |
Stalking and harassment
6 MONTH MISD to 5 YEAR FELONY · up to 5 years
Also searched as stalking, harassment, credible threats
A course of conduct meant to make someone fear for their safety or suffer substantial emotional distress, harassment, or repeated credible threats.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenStalking or harassment |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$2,000 to $5,000 fine | WhenIn violation of a court order, at least 90 days |
| 5 YEAR FELONYFelony, up to five years | Up to 5 years$3,000 to $10,000 fine | WhenA second conviction, or against a person protected by a served order, from one to five years |
Nonconsensual disclosure of intimate images
1 YEAR MISD to 3 YEAR FELONY · up to 3 years
Also searched as revenge porn, deepfake images
Knowingly disclosing or threatening to disclose a private or fabricated intimate image of another, with intent to harass, intimidate, humiliate or coerce.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$1,000 to $5,000 fine | WhenFirst conviction |
| 3 YEAR FELONYFelony, up to three years | Up to 3 years$2,500 to $10,000 fine | WhenSecond or later conviction |
Failing to report child abuse
90 DAY MISD to 6 MONTH MISD · up to 6 months
Also searched as mandated reporter failure
A mandated reporter knowingly failing to report suspected child abuse or neglect, or knowingly preventing another from reporting.
| Level | Up to | When |
|---|---|---|
| 90 DAY MISDMisdemeanor, up to ninety days | Up to 90 daysUp to $5,000 fine | WhenAbuse or neglect |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $10,000 fine | WhenSexual abuse or sexual assault |
Failing to report abuse of a vulnerable adult
10 DAY MISD · up to 10 days
Also searched as APS reporting failure
A mandated reporter knowingly failing to report abuse, neglect or financial exploitation of a vulnerable adult, or preventing another from reporting.
| Level | Up to | When |
|---|---|---|
| 10 DAY MISDMisdemeanor, up to ten days | Up to 10 daysUp to $100 fine | WhenAny violation |
Cruelty to animals
6 MONTH MISD to 5 YEAR FELONY · up to 5 years
Also searched as animal neglect, animal abuse
Intentionally, knowingly or recklessly mistreating or abandoning an animal, or withholding food, water, shelter or needed care.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$300 to $2,000 fine | WhenFirst offense |
| 5 YEAR FELONYFelony, up to five years | Up to 5 years$1,000 to $5,000 fine | WhenTorturing, mutilating or maliciously killing an animal, from one to five years |
Littering
FINE ONLY MISD to 1 YEAR MISD · up to 1 year
Also searched as illegal dumping
Dumping or throwing litter anywhere but a proper receptacle, on public or private property, or within 100 feet of the waters of the state.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$100 to $2,500 fine | WhenUp to 100 pounds |
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$2,500 to $5,000 fine | WhenMore than 100 pounds, under 500 pounds |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$2,500 to $25,000 fine | WhenMore than 500 pounds, or commercial litter |
Every conviction adds a civil penalty of $200 to $2,000 for cleanup.
Selling tobacco to someone under 21
FINE ONLY MISD · no jail
Also searched as underage tobacco sale, vape sale to minor
Selling, giving or furnishing any tobacco product to a person younger than 21 years of age.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$250 fine | WhenFirst offense |
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$500 to $750 fine | WhenSecond within two years |
Failing to send a child to school
FINE ONLY MISD · no jail
Also searched as truancy, educational neglect
A parent, guardian or custodian failing without just cause to have a child under 18 years of age attend school.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jail$50 to $100 fine | WhenFirst offense |
Failing to deliver a will
FINE ONLY MISD · no jail
Also searched as hiding a will
A person with custody of a will neglecting without reasonable cause to deliver it to the clerk or the executor within thirty days of learning of the death.
| Level | Up to | When |
|---|---|---|
| FINE ONLY MISDMisdemeanor, a fine and no jail | No jailUp to $200 fine | WhenAny violation |
Every level on this page, for reference
The terms come from each offense's own section. Some misdemeanors carry only a fine, and they are on the ladder too, because a conviction is a conviction whether or not it carries jail.
- FINE ONLY MISDMisdemeanor, a fine and no jailNo jail
- 24 HOUR MISDMisdemeanor, up to twenty-four hoursUp to 24 hours
- 72 HOUR MISDMisdemeanor, up to seventy-two hoursUp to 72 hours
- 10 DAY MISDMisdemeanor, up to ten daysUp to 10 days
- 30 DAY MISDMisdemeanor, up to thirty daysUp to 30 days
- 60 DAY MISDMisdemeanor, up to sixty daysUp to 60 days
- 90 DAY MISDMisdemeanor, up to ninety daysUp to 90 days
- 120 DAY MISDMisdemeanor, up to one hundred twenty daysUp to 120 days
- 6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months
- 1 YEAR MISDMisdemeanor, up to one yearUp to 1 year
- 3 YEAR FELONYFelony, up to three yearsUp to 3 years
- 5 YEAR FELONYFelony, up to five yearsUp to 5 years
- 10 YEAR FELONYFelony, up to ten yearsUp to 10 years
- 15 YEAR FELONYFelony, up to fifteen yearsUp to 15 years
- 20 YEAR FELONYFelony, up to twenty yearsUp to 20 years
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
18 words
- BrandishingCarrying, displaying or using a firearm or other deadly weapon in a way that causes or threatens a breach of the peace, licensed or not.
- Citation in lieu of arrestA citation an officer may issue instead of arresting, for a misdemeanor not involving injury committed in the officer's presence, when the person will likely appear.
- Conditional dischargeFor a person with no prior drug conviction, the court deferring the case and placing the person on probation, then discharging the person and dismissing the case without a conviction once its terms are met.
- Course of conductA pattern of two or more acts directed at a person, directly, indirectly or through a third party, the core of stalking and harassment.
- Domestic batteryUnlawfully and intentionally making insulting or provoking physical contact with, or causing physical harm to, a family or household member.
- Driving in an impaired stateDriving under the influence of alcohol, a controlled substance or another drug, or with an alcohol concentration in the blood of eight hundredths of one percent or more, by weight.
- Fabricated intimate imageAn image of an identifiable person created by artificial intelligence or other technology showing computer-generated intimate parts as theirs, covered by the same rule as a real one.
- Financial exploitationThe intentional misappropriation or misuse of an elderly person's funds or assets, an elderly person being 65 years or older.
- FleeingIntentionally fleeing or attempting to flee in a vehicle after an officer gives a clear visual or audible signal to stop.
- LitterTrash dumped anywhere but a proper receptacle, on public or private property or within 100 feet of the waters of the state.
- Notice of dishonorA notice that a check came back for insufficient funds, giving ten days to pay the full amount and a fee of not more than $25.
- Petit larcenySimple larceny of goods worth less than $1,000, a misdemeanor; at $1,000 or more it is grand larceny, a felony.
- Prohibited personA person the weapons article bars from possessing a firearm, including anyone convicted of a crime punishable by more than one year, an unlawful drug user, and a person adjudicated mentally incompetent or involuntarily committed.
- Reckless drivingDriving any vehicle on a street, highway, parking area or school way in willful or wanton disregard for the safety of persons or property.
- Secured bondBail backed by cash or property. In all misdemeanors, cash bail may not exceed three times the maximum fine for the offense.
- Shoplifting detentionA store owner's, employee's or officer's holding of a person reasonably believed to have shoplifted, in a reasonable manner for no more than thirty minutes, which is not an arrest.
- Vehicular homicideCausing a death that follows within one year as the proximate result of injury from driving in reckless disregard for the safety of others.
- Wanton endangermentWantonly doing any act with a firearm that creates a substantial risk of death or serious bodily injury to another, a felony.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed West Virginia attorney can tell you what yours is. Current as of October 2026.