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First Degree Felony in West Virginia
Under the justice system in West Virginia, crimes are categorized into different categories, including felonies and misdemeanors. Felonies are offenses punishable by jail time in state prison. All other less serious crimes are classified as misdemeanors. West Virginia laws (Code § 61–11 1) define felonies as the most severe law violations, attracting a punishment of at least one year in state prison.
West Virginia also adopts the indeterminate sentencing structure. Most offenses have a minimum and maximum sentence as defined in the statutes. Still, judges have the freedom and flexibility to apply the law based on the peculiarity of the case at hand and the offender’s conviction record. Judges may determine the final sentence based on factors such as the offender’s criminal history and the severity of the crime. These broad categories are not further broken down into classes. Instead, the West Virginia penal code apportions penalties for each offense.
Public Access to First Degree Felony Records in West Virginia
Under the West Virginia State Code, Chapter 29B, felony records in West Virginia are public records. The statute gives the public access to any information prepared or received by public agencies. Except otherwise stated by the law, these records can be viewed and copied by members of the public.
There are multiple avenues to access felony records in West Virginia. They include:
- In-person request at the court
- Mail-in request
- Accessing records online
| Source | Access Type | Website/Location |
|---|---|---|
| Clerk of the circuit court | In-person, by mail | The Circuit Court, where the felony case was heard. |
| State court system | Online | courtswv.gov |
| Third-party record search | Online (may charge) | Various third-party aggregate sites. |
Common Crimes Classified as First Degree Felonies in West Virginia
When an individual is arrested for violating a statute, the charge depends on the crime they committed and the circumstances surrounding the case, such as the extent of damage caused by the crime and the individual's criminal history.
In 2024, West Virginia recorded 265 violent crimes per 100,000 people. Some of the most common felonies in the state are murder, kidnapping, robbery, manslaughter, sexual assault, and drug trafficking.
West Virginia Code §61-2-1 describes murder as willfully and deliberately causing the death of another by poisoning, lying in wait, or other means and demonstrating indifference to the value of life. Drug trafficking is manufacturing, delivering, or possessing controlled substances with the intention of delivering them. Each offense is addressed based on its merits. The sentence is applied to the statute, and aggravating and mitigating factors are considered.
For repeat offenders, the penalty is more stringent as defined in the three strikes law codified in West Virginia Code § 61-11. For instance, a second felony attracts a mandatory 5-year sentence, whereas a third felony attracts a mandatory life sentence with eligibility for parole after 15 years. The enhanced sentence for repeat offenders is mandatory and runs consecutively as opposed to concurrently.
| Crime | Brief Description |
|---|---|
| Murder | Per West Virginia Code §61-2-1, an individual is guilty of first-degree murder when they willfully and deliberately cause the death of another person. Also, it is murder when there is evidence that the offender was indifferent to the value of life. |
| Sexual Assault | A person is guilty of sexual assault in the first degree when such person (1) compels another person to engage in sexual intercourse by the use of force against such other person or a third person. |
| Drug Trafficking | Per West Virginia Code Section 60A-4-401, drug trafficking is manufacturing, delivering, or possessing controlled substances with the intention to deliver them. Trafficking schedule I and II substances such as cocaine and heroin attracts the harshest penalties of up to 15 years in prison and/or $25,000 fine for a first offender. |
| Robbery | Committing violence against a person or threatening them by brandishing a firearm to dispossess them. It is differentiated into degrees based on the weapon sophistication. |
| Voluntary manslaughter | Unlawfully taking the life of another without the malicious intent required for murder. Intentional, unlawful killing upon heated passion without malice, as codified in West Virginia Code section 61-2-4. |
Prison Sentences and Fines for First Degree Felonies in West Virginia
For most serious felonies, such as murder and kidnapping, the maximum sentence is life imprisonment. For rape, the offender may serve up to 35 years in prison and pay $10,000 fine. Trafficking schedule I and II substances such as cocaine and heroin attracts the harshest penalties of up to 15 years in jail and/or $25,000 fine for a first offender.
Grand theft attracts a maximum sentence of 10 years. First-degree murder attracts a life sentence, while second-degree murder attracts 10 to 40 years in prison. Hash penalties are also applied when an individual deliberately causes significant bodily harm to another using a firearm or deadly weapon, intentionally transmits HIV to a child or a vulnerable adult, or makes a person drink poison or other lethal substances.
| West Virginia First Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| Murder | Life imprisonment without parole or with parole after 15 years. | $500,000 |
| Sexual assault | 3 to 15 years | $25,000 |
| Drug trafficking | 1 to 15 years | $25,000 |
| Voluntary manslaughter | 3 to 15 years | $25,000 |
| Rape | 3 to 35 years | $10,000 |
| First-degree robbery | 10 to 25 years | $25,000 |
What is the Maximum Sentence for a First Degree Felony in West Virginia?
The overall goal of the justice system is to achieve a change effect rather than a punitive one. West Virginia uses an indeterminate sentencing structure based on both minimum and maximum terms. However, the actual time an offender serves depends on the rehabilitation progress made, the offender’s behaviour or demeanor while in prison, and recommendations from the parole board.
For crimes such as murder and kidnapping, the penalty is life imprisonment. Other violent felonies attract extensive jail terms and/or fines. For instance, rape has a maximum sentence of 35 years, with a $10,000 fine. First-degree robbery attracts 10 to 25 years. Schedule I/II narcotics have a maximum sentence of 15 years with a fine of up to $25,000. Aggravating factors such as racism, crimes motivated by sexual orientation, crimes motivated by hate, and the use of deadly weapons may increase the penalties.
What is First Degree Murder in West Virginia?
Under §16-2-1 of the West Virginia code, first-degree murder is premeditated and deliberate killing that was committed with malice. It encompasses murder that occurred while committing certain felony crimes, such as robbery, arson, or sexual assault. In West Virginia, murder is treated as a distinct felony offense with its own sentencing, as stipulated in the statutes.
The standard sentence for first-degree murder is life imprisonment without parole, or life imprisonment with the possibility of parole after completing 15 years in custody.
Can First Degree Felony Records Be Sealed or Expunged in West Virginia?
In West Virginia, expungement means erasing or sealing an offender's criminal record. Under West Virginia code §61-11-26, felony convictions may be expunged if the individual is eligible, having met the conditions for respondent, and such an action is in the interest of justice.
To be eligible to expunge a felony conviction:
- The mandatory waiting time of 5 years must have passed
- The offender must have completed the terms of their sentence
However, some felonies can not be expunged. They include driving under the influence, sexual assault, any violent felony, and any offense involving the use of assault weapons. An individual is only eligible for expungement once in their lifetime.
To have their record expunged, eligible individuals must:
- Petition the circuit court in the jurisdiction where the case was held for expungement.
- Fill and submit the application form.
- Provide information such as the date of arrest, their name, social security number, and date of birth.
- State the ground under which they seek expungement, and
- Provide supporting documentary evidence that they have fulfilled all the necessary conditions, including community service.
Petitioners must pay a filing fee of $200 and an additional $100 to the West Virginia state police if the petition is approved. Also, they must provide a copy of the petition to the prosecuting attorney and all the entities involved.
An expunged record is sealed from public view and need not be disclosed on any enquiry or applications, except when seeking a law enforcement role.
Difference Between First Degree and Second Degree Felonies in West Virginia
The justice system in West Virginia is structured such that crimes are categorized as either felonies or misdemeanors. Felonies are the most serious crimes punishable by at least one year in a state penitentiary. In general, the severity of the offense determines its sentencing. For first-degree robbery, the minimum sentence is 10 years. Second-degree robbery, which is less violent, attracts a minimum sentence of 5 years.
Misdemeanors, on the other hand, are less serious crimes. They can result in a maximum of one year in jail and/or fines. Examples include involuntary manslaughter, assault, and theft.
| Offense category | Common Crimes | Sentencing Range |
|---|---|---|
| Felony | Drug trafficking, murder, rape, and voluntary manslaughter. | 5 - 35 years / Life |
| Misdemeanor | Involuntary manslaughter, assault, sexual crimes, theft. | 1 - 10 years |
Statute of Limitations for First Degree Felony Charges in West Virginia
In West Virginia, the statute of limitations is the time limit within which an individual can be charged with a crime or the state can prosecute an offender. There is no statute of limitations for felonies in West Virginia. The only exception is perjury, which has a three-year statute of limitations. In general, crimes like rape, sexual assault, robbery, burglary, and larceny/theft have a one-year statute of limitations.
Probation and Parole Eligibility for First Degree Felonies in West Virginia
Under West Virginia Code §92-1-4, convicted felons may be eligible for parole depending on the type of sentence and the time served. Offenders serving an indeterminate sentence must have completed the minimum term of the sentence. On the other hand, those serving a determinate or specific sentence must have served at least a quarter of the sentence. For instance, if the sentence is 20 years, they must at least have served five years before they may be eligible for parole. However, individuals serving a “life with mercy” sentence must have completed at least 10 years. Individuals serving multiple felony convictions, which include murder, are not eligible for parole.
| Term | Definition | Eligible for First Degree Felons |
|---|---|---|
| Probation | Court-ordered supervision instead of prison | Sometimes, depends on the crime |
| Parole | Early supervised release from prison | Often, after serving at least the minimum terms for an indeterminate sentence, or a quarter of the sentence for a specific sentence. For instance, according to West Virginia Code § 61-11-18, a third felony offense carries a life sentence with parole after 15 years. |
Impact of a First Degree Felony Conviction on Criminal Records in West Virginia
Felony convictions in West Virginia have lasting collateral implications for the offender. If not sealed, the record remains visible during background checks. The impact of a felony conviction may continue to be felt by the offender long after the case has ended, even after fulfilling the terms of their sentence.
For instance, many employers conduct background checks and reject applicants with felony records. Also, individuals with conviction records would find it difficult to get professional licenses. The licenses required to practice law, accounting, and medicine are automatically unavailable to felons except they have a pardon or relief. Even if they were already licensed, the license may be suspended.
Conviction records can limit eligibility for housing and government aid programs. Many landlords will not rent their houses to convicted felons, and a conviction record may disqualify an individual for public housing.
Moreover, a felony record can affect future sentences, leading to harsher penalties. Offenders may lose civil rights, such as voting rights, the right to own firearms, and the right to serve on a jury. It may also affect the offender's eligibility for relief programs offered by the government.