What is the maximum sentence for assault in West Virginia?

Under W. Va. Code § 61-2-9(c) (Misdemeanor), West Virginia assault carries a maximum sentence of 12 months and a maximum fine of $500.

Does West Virginia have a mandatory minimum for assault?

West Virginia does not impose a blanket mandatory minimum for simple assault. Specific charges or enhancements may carry their own minimums.

What factors enhance a assault charge in West Virginia?

In West Virginia, assault penalties can be enhanced by: Against government representative (enhanced under § 61-2-10b).

West Virginia Assault Law

West Virginia Assault Defense

What you're facing under W. Va. Code § 61-2-9(c), how the penalties scale, and the questions your attorney needs to answer, specific to West Virginia (WV) law.

Offense Class

Misdemeanor

Maximum Penalty

12 months

Maximum Fine

$500

Penalty Range in West Virginia

StatuteW. Va. Code § 61-2-9(c) — Battery (Unlawful, Intentional Physical Contact)

Minimum Penalty

Maximum Penalty12 months

Maximum Fine$500

Charge Enhancements

These factors can elevate the charge or penalty in West Virginia:

Against government representative (enhanced under § 61-2-10b)

West Virginia-Specific Detail

Simple battery in West Virginia is a misdemeanor. Assault (threat without contact) is also a misdemeanor. Battery requires physical contact.

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Important: This page provides legal INFORMATION about West Virginia assault possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.