Misdemeanor Criminal Offenses in West Virginia
If you have been charged with a misdemeanor crime in West Virginia, you may have questions about what sort of punishment you are facing and what to expect in the court process. Even though misdemeanors are considered less serious, having any sort of criminal charge on your record can have long-lasting consequences. It’s important to know exactly what you are facing, your defenses, options, and how it can impact your future. In this blog post, Morgantown, WV criminal defense attorney, Brianna W. McCardle, discusses misdemeanor criminal offenses in West Virginia.
What is a misdemeanor?
Misdemeanor offenses are crimes that are usually less serious and carry a maximum jail sentence of one year. The least serious misdemeanors are punishable by fines only. Typically, sentences for misdemeanor crimes are jail time, probation, community service, and/or fines.
Can you go to jail for a misdemeanor in West Virginia?
Yes. Depending on the criminal offense, you can go to jail for a misdemeanor crime in West Virginia. The maximum jail sentence for misdemeanors in West Virginia is one year. An experienced misdemeanor criminal defense attorney may be able to help reduce the jail time you are looking at, obtain an alternate sentence (such as home confinement or probation), have the charges dismissed depending on the circumstances, or obtain a not guilty verdict at trial. Obviously, no outcome is ever guaranteed; however, having an attorney represent you increases your chances of having a favorable outcome significantly.
What are some examples of misdemeanor offenses?
Examples of misdemeanor offenses include DUIs, underage possession/consumption, assault, battery, domestic battery, domestic assault, shoplifting, minor drug offenses (possession), trespassing, destruction of property, obstruction, disorderly conduct, violation of a domestic violence protective order, contributing to the delinquency of a minor, public intoxication, and driving on a revoked/suspended license, to name a few.
Can a misdemeanor become a felony?
Sometimes, a misdemeanor offense can be enhanced to a felony if someone has prior convictions for the offense. An example of this is shoplifting. If someone has had two prior convictions for shoplifting, and is faced with a third charge for shoplifting, the shoplifting charge can be classified as a felony offense based upon the individual’s two prior convictions for the same offense. DUIs can also become felony offenses for prior convictions (and can become felony offenses based upon the seriousness of the circumstances surrounding the DUI such as if there was a serious injury or death involved). If this sounds confusing, and serious, it is! It is important to have a competent criminal defense attorney to represent your interests, even if you have been charged with a misdemeanor offense.
How long does a misdemeanor stay on your record in West Virginia?
Misdemeanor convictions (and charges) stay on your record unless and until you get them expunged.
What is an expungement?
Expungement is the process for asking the Court to remove or “seal” something in your criminal record. In West Virginia, certain criminal charges AND criminal convictions are eligible for expungement. Even if the charges against you are dismissed (or dropped), they will still show up on your criminal record. Having a misdemeanor on your record can significantly affect your employment. Some employers only ask about felony offenses; however, if a misdemeanor crime shows up on a background check, it can hinder your chances of obtaining employment. It is best to consult with a competent expungement attorney if you are looking to get misdemeanor (or felony) charges expunged from your record.
If you or a loved one have been charged with a misdemeanor crime in West Virginia, contact Brianna W. McCardle, Morgantown, WV misdemeanor criminal defense attorney with Ardent Legal, PLLC.
Providing dedicated, passionate, and sincere representation in misdemeanor criminal cases in Monongalia, Preston, Taylor, Marion, Harrison, and Barbour County.
