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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 and maximums for Larceny
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $2,500 fineWhenPetit larceny: goods worth less than $1,000
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $2,500 fineWhenGrand larceny: goods worth $1,000 or more, from one to ten years
Read the section →

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 and maximums for Shoplifting
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jailUp to $250 fineWhenFirst offense, merchandise worth $500 or less
60 DAY MISDMisdemeanor, up to sixty daysUp to 60 days$100 to $500 fineWhenFirst offense, merchandise worth more than $500
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$100 to $500 fineWhenSecond offense, $500 or less
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearAt least $500 fineWhenSecond offense, more than $500, at least six months
10 YEAR FELONYFelony, up to ten yearsUp to 10 years$500 to $5000 fineWhenThird 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.

Read the section →

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 and maximums for Worthless check
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $200 fineWhenA check for less than $500
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $500 fineWhenA check for $500 or more, from one to ten years
  • W. Va. Code § 61-3-39
Read the section →

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 and maximums for Taking the identity of another person
LevelUp toWhen
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $1,000 fineWhenAny violation
Read the section →

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 and maximums for Financial exploitation of an elderly person
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenLess than $1,000
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $10,000 fineWhen$1,000 or more, from two to 20 years

A conviction also carries an order of restitution.

  • W. Va. Code § 61-2-29b
Read the section →

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 and maximums for Driving under the influence
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$100 to $500 fineWhenFirst offense, under fifteen hundredths
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$200 to $1,000 fineWhenFirst offense, at fifteen hundredths or more, at least two days
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$200 to $1,000 fineWhenWith a child under 16 in the vehicle, at least two days
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$1,000 to $3,000 fineWhenSecond offense, at least six months
5 YEAR FELONYFelony, up to five yearsUp to 5 years$3,000 to $5,000, at the court's discretion fineWhenThird or later offense, from two to five years
10 YEAR FELONYFelony, up to ten yearsUp to 10 years$1,000 to $3,000 fineWhenCausing serious bodily injury, from two to 10 years
15 YEAR FELONYFelony, up to fifteen yearsUp to 15 years$1,000 to $3,000 fineWhenCausing a death, from three to 15 years
  • W. Va. Code § 17C-5-2
Read the section →

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 and maximums for Driving under 21 at two hundredths
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$25 to $100 fineWhenFirst offense

The license is also suspended, and at eight hundredths or more the adult offense applies.

  • W. Va. Code § 17C-5-2
Read the section →

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 and maximums for Reckless driving
LevelUp toWhen
90 DAY MISDMisdemeanor, up to ninety daysUp to 90 days$25 to $500 fineWhenFirst conviction, at least five days
Read the section →

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 and maximums for Vehicular homicide
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$1,000 to $10,000 fineWhenVehicular homicide
10 YEAR FELONYFelony, up to ten yearsUp to 10 years$2,500 to $5,000 fineWhenIn a school zone or a construction zone, from two to 10 years
  • W. Va. Code § 17C-5-1
Read the section →

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 and maximums for Leaving the scene of an injury crash
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenBodily injury
3 YEAR FELONYFelony, up to three yearsUp to 3 yearsUp to $2,500 fineWhenSerious bodily injury, from one to three years
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenA death, from one to five years
Read the section →

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 and maximums for Driving while suspended or revoked
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$100 to $500 fineWhenFirst or second offense
90 DAY MISDMisdemeanor, up to ninety daysUp to 90 days$150 to $500 fineWhenThird or later offense, at least thirty days
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$100 to $500 fineWhenRevoked for DUI or refusal, first offense, at least thirty days
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$1,000 to $3,000 fineWhenRevoked for DUI or refusal, second offense, at least six months
3 YEAR FELONYFelony, up to three yearsUp to 3 years$3,000 to $5,000 fineWhenRevoked for DUI or refusal, third offense, from one to three years
Read the section →

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 and maximums for Passing a stopped school bus
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$500 to $1,000 fineWhenFirst offense
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$1,000 to $1,500 fineWhenSecond offense
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$2,000 fineWhenThird or later offense, at least 48 hours
Read the section →

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 and maximums for Failing to move over
LevelUp toWhen
60 DAY MISDMisdemeanor, up to sixty daysUp to 60 daysUp to $500 fineWhenAny violation
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$1,000 to $5,000 fineWhenWhile 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.

Read the section →

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 and maximums for Using a phone while driving
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jailUp to $100 fineWhenFirst conviction
FINE ONLY MISDMisdemeanor, a fine and no jailNo jailUp to $200 fineWhenSecond within 24 months
FINE ONLY MISDMisdemeanor, a fine and no jailNo jailUp to $350 fineWhenThird or later within 24 months, with three points
30 DAY MISDMisdemeanor, up to thirty daysUp to 30 days$100 to $500 fineWhenCausing physical harm to property
120 DAY MISDMisdemeanor, up to one hundred twenty daysUp to 120 days$500 to $1,000 fineWhenCausing serious physical harm to a person
Read the section →

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 and maximums for Speeding
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jailUp to $100 fineWhenFirst conviction
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$100 to $500 fineWhenIn a school zone
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenThird within two years, at 15 miles per hour or more over
Read the section →

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 and maximums for Fleeing from an officer
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$500 to $1,000 fineWhenFleeing in a vehicle

Fleeing with reckless driving, an injury or while impaired is a felony under the same section.

  • W. Va. Code § 61-5-17
Read the 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 and maximums for Brandishing a deadly weapon
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$50 to $1,000 fineWhenAny violation, at least ninety days
  • W. Va. Code § 61-7-11
Read the section →

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 and maximums for Wanton endangerment with a firearm
LevelUp toWhen
5 YEAR FELONYFelony, up to five yearsUp to 5 years$250 to $2,500 fineWhenAny violation, from one to five years, or jail up to one year
Read the section →

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 and maximums for Possession of a firearm by a prohibited person
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$100 to $1,000 fineWhenMost prohibited persons, at least 90 days
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenAfter a felony crime of violence or felony sexual offense
  • W. Va. Code § 61-7-7
Read the section →

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 and maximums for A deadly weapon at a school
LevelUp toWhen
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $5,000 fineWhenAt a school, from two to 10 years
  • W. Va. Code § 61-7-11a
Read the section →

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 and maximums for Unlawful interception of communications
LevelUp toWhen
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $10,000 fineWhenAny violation
Read the section →

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 and maximums for Disorderly conduct
LevelUp toWhen
24 HOUR MISDMisdemeanor, up to twenty-four hoursUp to 24 hoursUp to $100 fineWhenAny violation
Read the section →

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 and maximums for Trespass in a structure or conveyance
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jailUp to $100 fineWhenEntering or refusing to leave
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $100 fineWhenEntering a structure posted as condemned
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$100 to $1,000 fineWhenArmed, with intent to do bodily injury
Read the section →

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 and maximums for Obstructing an officer
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$50 to $500 fineWhenAny violation
  • W. Va. Code § 61-5-17
Read the section →

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 and maximums for Approaching a first responder after a warning
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$50 to $500 fineWhenAny violation
  • W. Va. Code § 61-5-31
Read the section →

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 and maximums for Underage possession of alcohol
LevelUp toWhen
72 HOUR MISDMisdemeanor, up to seventy-two hoursUp to 72 hoursUp to $500 fineWhenAny violation, or probation for a first offense
Read the section →

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 and maximums for Furnishing alcohol to someone under 21
LevelUp toWhen
10 DAY MISDMisdemeanor, up to ten daysUp to 10 daysUp to $250 fineWhenAny violation
Read the section →

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 and maximums for Public intoxication and drinking in public
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$5 to $100 fineWhenPublic intoxication or drinking, a first offense
60 DAY MISDMisdemeanor, up to sixty daysUp to 60 days$5 to $100 fineWhenDrinking in public, a second conviction
Read the section →

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 and maximums for Possession of a controlled substance
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenSimple possession, at least 90 days

A first offender may have the case deferred on probation and dismissed without a conviction.

Read the section →

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 and maximums for Domestic battery and domestic assault
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenDomestic assault
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $2,000 fineWhenDomestic battery
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $4,000 fineWhenSecond domestic battery, at least 60 days
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $5,000 fineWhenThird, within 20 years of a prior conviction, from two to 10 years
Read the section →

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 and maximums for Violating a protective order
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$250 to $2,000 fineWhenFirst offense, at least twenty-four hours served
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$500 to $3,000 fineWhenSecond offense, at least thirty days served
  • W. Va. Code § 48-27-903
Read the section →

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 and maximums for Violating a personal safety order
LevelUp toWhen
90 DAY MISDMisdemeanor, up to ninety daysUp to 90 daysUp to $1,000 fineWhenFirst offense
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $2,500 fineWhenSecond or later offense
Read the section →

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 and maximums for Stalking and harassment
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenStalking or harassment
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$2,000 to $5,000 fineWhenIn violation of a court order, at least 90 days
5 YEAR FELONYFelony, up to five yearsUp to 5 years$3,000 to $10,000 fineWhenA second conviction, or against a person protected by a served order, from one to five years
Read the section →

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 and maximums for Nonconsensual disclosure of intimate images
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$1,000 to $5,000 fineWhenFirst conviction
3 YEAR FELONYFelony, up to three yearsUp to 3 years$2,500 to $10,000 fineWhenSecond or later conviction
  • W. Va. Code § 61-8-28a
Read the section →

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 and maximums for Failing to report child abuse
LevelUp toWhen
90 DAY MISDMisdemeanor, up to ninety daysUp to 90 daysUp to $5,000 fineWhenAbuse or neglect
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $10,000 fineWhenSexual abuse or sexual assault
Read the section →

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 and maximums for Failing to report abuse of a vulnerable adult
LevelUp toWhen
10 DAY MISDMisdemeanor, up to ten daysUp to 10 daysUp to $100 fineWhenAny violation
  • W. Va. Code § 9-6-14
Read the section →

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 and maximums for Cruelty to animals
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$300 to $2,000 fineWhenFirst offense
5 YEAR FELONYFelony, up to five yearsUp to 5 years$1,000 to $5,000 fineWhenTorturing, mutilating or maliciously killing an animal, from one to five years
Read the section →

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 and maximums for Littering
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$100 to $2,500 fineWhenUp to 100 pounds
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$2,500 to $5,000 fineWhenMore than 100 pounds, under 500 pounds
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$2,500 to $25,000 fineWhenMore than 500 pounds, or commercial litter

Every conviction adds a civil penalty of $200 to $2,000 for cleanup.

  • W. Va. Code § 22-15A-4
Read the section →

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 and maximums for Selling tobacco to someone under 21
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$250 fineWhenFirst offense
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$500 to $750 fineWhenSecond within two years
  • W. Va. Code § 16-9A-3
Read the section →

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 and maximums for Failing to send a child to school
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jail$50 to $100 fineWhenFirst offense
  • W. Va. Code § 18-8-2
Read the section →

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 and maximums for Failing to deliver a will
LevelUp toWhen
FINE ONLY MISDMisdemeanor, a fine and no jailNo jailUp to $200 fineWhenAny violation
  • W. Va. Code § 41-5-1
Read the section →

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

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.