West Virginia Criminal Law Attorney
What is a Criminal Law?
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. Criminal law WV also includes decisions by appellate courts that define crimes and regulate criminal procedure in the absence of clear legislated rules. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn’t intend. Criminal laws are meant to deter crimes from happening in the first place, as least as much as they are intended to punish those who commit them and/or protect the public
Learn About West Virginia Criminal Laws
- West Virginia Pyramid and Ponzi Scheme Laws
Basics of West Virginia laws pertaining to pyramid schemes and Ponzi schemes, similar crimes involving fraudulent and unsustainable investment schemes.
- West Virginia Sexual Assault Laws
Summary of West Virginia's rape and sexual assault laws, including statutory definitions of the crimes, penalties upon conviction, and possible defenses to charges.
- West Virginia DUI Laws
Basic information about West Virginia's DUI laws, which prohibit driving a vehicle while under the influence of any impairing substance, with links to related resources.
- West Virginia Heroin Laws
General summary of West Virginia's laws pertaining to the possession, sale, and trafficking of heroin, with details about crime classifications and penalties.
- West Virginia Domestic Violence Laws
Overview of West Virginia's laws pertaining to domestic violence, with details about what constitutes abuse, which relations are covered by this law, and more.
- West Virginia Criminal Statute of Limitations
What every criminal suspect in West Virginia should know about the state's criminal statute of limitations, which limits how long prosecutors have to file charges.
You deserve a Criminal Law Attorney in West Virginia who will answer your questions, explain your options, and generally go above and beyond for you. That’s exactly what you’ll find in me. Reach out if you’ve been accused of a drug crime, sex crime, violent crime, property crime, alcohol-related crime, probation violation, or any other offense in West Virginia or a surrounding area.
With an experienced Criminal Law Attorney in West Virginia on your side, you can feel confident that you have all your options available to you. Schedule your consultation today.
What is a felony in West Virginia?
Felonies in West Virginia are crimes that may be punished by incarceration in state prison. All other, less-serious crimes are treated as misdemeanors. (W.V. Code § 61-11-1 (2020).
How Felony Sentencing Works in West Virginia
- Malicious assault carries a minimum sentence of at least two years and a maximum term of no more than ten years.
- First-degree robbery (using violence or the threat of violence) simply requires a minimum sentence of at least 10 years, while second-degree robbery (which involves putting the victim in fear of injury or using something like a stun gun to disable the victim) requires a minimum sentence of at least five years and a maximum of no more than 18 years.
YOU DESERVE A QUALIFIED, EXPERIENCED CRIMINAL LAW ATTORNEY IN WEST VIRGINIA
When your freedom is on the line, you should absolutely be picky about choosing your lawyer. If you want someone who appreciates the gravity of your situation and is prepared to handle any surprises, give me a call.
- General Intent Crimes
- General Intent is also called “basic intent.” You only need have the intent to perform the act; you do not have to intend to commit a crime or break a law. General intent is easily evidenced by the crime of battery. Jasper feels like swinging his arms wildly about. Robert is nearby and Jasper hits Robert, while he was swinging his arms. It was an accident; regardless, Jasper is guilty of battery.
- Juvenile Crime
- Juveniles, those under the age of 18, are protected by special rules for the prosecution of their criminal case.
Constitutional Rights
- Miranda Rights: An individual has rights during police questioning, such as the right to remain silent and the right to an attorney.
- Fourth Amendment Rights: The Fourth Amendment protects an individual from unreasonable search, seizure, and arrest.
- Right to Legal Counsel: Everyone has the right to competent legal counsel throughout the criminal justice system, even upon appeal.
- Right to a Speedy Trial: Everyone has the right to a trial within a “reasonable” period of time.
- Protection from Double Jeopardy: Everyone has the right not to be tried of the same crime twice.
- Sixth Amendment Rights: Everyone has the right to confront anyone who accuses you of a crime. The cross examination of a witness during trial is an example of Sixth Amendment rights.
- Protection from Cruel and Unusual Punishment: Everyone has the right to be protected from unduly harsh punishment.
- Prisoners’ Civil Rights: Those, convicted of crimes and incarcerated, maintain civil rights such as the right to be free from sexual crimes and sexual harassment, the right to complain about prison facilities, the right to appeal their cases, the right for disabled prisoners to have access to programs, the right to medical care, and the right to mental health care.
Expungement
If information is expunged from someone’s record, it is sealed and, legally, is as if the arrest or conviction never happened for most intents and purposes of daily life. Only certain governmental agencies have access to the sealed portions of a criminal record.
At Kevin P. Davis Attorney at Law, it is our goal to make sure you understand your rights and your options. From the most basic misdemeanors to the most serious felonies, the approach is the same. Each person charged with a crime deserves the best defense allowable by law. With KPD Attorney at Law, that is what you will come to expect.