What is a Second Degree Felony in West Virginia?

In general, a felony in West Virginia is an offense that is punishable by more than a year in prison. A second-degree felony is an offense that is more serious than a misdemeanor but does not carry the same punishment as a first-degree offense. The types of crimes that constitute a second-degree felony include DUI manslaughter under Section 17C-5-1 and aggravated assault under Section 61-2-9 of the West Virginia Code.

Which Crimes Are Considered Second Degree Felonies in West Virginia?

Many crimes under West Virginia law constitute a second-degree felony offense. Some of these crimes include:

• Robbery in the second degree: According to Section 61-2-12 of the West Virginia Code, a robbery constitutes a second-degree felony offense when the perpetrator makes the victim apprehensive of bodily harm without using deadly force or a weapon.
• Burglary in the second degree: A burglary offense becomes a second-degree felony when the offender enters the property during the daytime or without any aggravating factors.
• Sexual assault in the second degree: Under Section 61-8B-4, sexual assault becomes a second-degree felony if the offender engages in sexual intercourse without consent. This could be through forcible compulsion or with someone who is physically unable to help themselves.

What is Second Degree Murder and How is it Classified in West Virginia?

According to section 61-2-1, a second-degree murder is the unlawful killing of a person without prior planning or premeditated intent. It does not give all the elements to morph into a first-degree murder offense. This offense is more serious than manslaughter, which involves little to no intent or more provocation. A person found guilty of murdering in the second degree may face up to 40 years in prison and must serve at least 10 years of their sentence or the minimum period required under section 62-12-13 to be eligible for parole.

West Virginia Second Degree Felonies Penalties and Punishments

The kind of punishment a person will face after committing a second-degree felony depends on the type of crime and the aggravating factors present. An offender’s prior felony convictions may also influence the punishment they receive.

Apart from second-degree murder, most felonies of the second degree usually have prison terms starting from 1 year. For example, Second-degree robbery (placing someone in fear of bodily injury) carries not less than 5 years, up to 18 years. Meanwhile, second-degree burglary (daytime dwelling entry) may take 1 to 15 years.

Fines are also included in the punishments an offender receives. These fines are usually up to a few thousand dollars and may be offered instead of a prison sentence. However, some offenses require a person to serve time and pay the fine. Probation or parole may be available if the crime does not warrant a life sentence or has fewer aggravating factors.

Are Second Degree Felony Records Public in West Virginia?

Yes, second-degree felony records are public in West Virginia. According to West Virginia’s Freedom of Information Act, records handled by government agencies are accessible to the public, including felony records. However, these records may not be publicly available if they have been sealed, such as if the offender takes steps to have the records expunged. Also, certain information, such as the victim’s identity or crime specifics, may be barred from public viewing.

How to Access Second Degree Felony Court Records in West Virginia

Firstly, identify the county where the crime occurred. Once you know the county, visit the circuit court website for that county. Interested parties can also access circuit court records through the West Virginia Judiciary court records search portal. Record seekers can use the offender’s name, case number, and type of offence to complete a search. However, if there is no online database available, parties may have to visit the county clerk’s office where the decision was made.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, a person can have their second-degree felony charge reduced or dismissed. For example, if mitigating circumstances allow for it, prosecution may offer a plea bargain, which would reduce it to a lesser charge, such as a misdemeanor. Additionally, a second-degree felony may be dismissed for insufficient evidence or breach of the individual’s constitutional rights. Reductions and dismissals are not always guaranteed, as it depends on the evidence, crime seriousness, defendant’s background, and legal representation.

Is it Possible to Expunge or Seal a Second-Degree Felony or Murder Record in West Virginia?

In West Virginia, expungement or sealing is limited to non-violent offences and some types of violent felonies. A person may file for expungement in West Virginia five years after completing a sentence or finishing the mandated supervision period at the county court where the offence occurred. A person is also eligible for expungement if the felony charges were dismissed or the court acquitted the offender at trial.

If there is a medically confirmed history of substance misuse, the legal waiting period for submitting an expungement petition is shortened to three years. Additionally, the person must have finished a substance abuse treatment program that the state has authorized.

How Long Do Second-Degree Felony Records Stay Public in West Virginia?

Unless expunged or sealed through the court, records generally stay public indefinitely. West Virginia does not automatically purge felony convictions after a set period in most cases. Additionally, parole or sentence completion does not automatically erase the conviction from public records. Sealing or expungement may remove or limit access, which requires legal steps and meeting statutory criteria.