What is the maximum sentence for domestic violence in West Virginia?

Under W. Va. Code § 61-2-28 (Misdemeanor (first/second); Felony (third+)), West Virginia domestic violence carries a maximum sentence of 12 months (first); 12 months (second); 1-5 years (third+) and a maximum fine of $500 (first); $1,000 (second); $2,500 (third+).

Does West Virginia have a mandatory minimum for domestic violence?

Yes. West Virginia imposes a mandatory minimum of 24 hours (second offense) for domestic violence. This applies unless an exception or diversion program is available.

What factors enhance a domestic violence charge in West Virginia?

In West Virginia, domestic violence penalties can be enhanced by: Second offense within 10 years (24-hour mandatory minimum); Third or subsequent (felony — 1-5 years); Strangulation (felony under § 61-2-9d).

West Virginia Domestic Violence Law

West Virginia Domestic Violence Defense

What you're facing under W. Va. Code § 61-2-28, how the penalties scale, and the questions your attorney needs to answer, specific to West Virginia (WV) domestic violence law.

Offense Class

Misdemeanor (first/second); Felony (third+)

Maximum Penalty

12 months (first); 12 months (second); 1-5 years (third+)

Maximum Fine

$500 (first); $1,000 (second); $2,500 (third+)

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Mandatory Minimum

West Virginia imposes a mandatory minimum of 24 hours (second offense) for this charge. Charge reductions or alternative sentencing are questions worth raising before the plea is entered.

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Federal Firearms Prohibition (Lautenberg Amendment)

A conviction for misdemeanor domestic violence in West Virginia carries a federalfirearms-possession ban under 18 U.S.C. § 922(g)(9). This consequence is collateral to West Virginia state penalties and applies regardless of the state sentence imposed.

Penalty Range in West Virginia

StatuteW. Va. Code § 61-2-28 — Domestic Battery

Minimum Penalty

Maximum Penalty12 months (first); 12 months (second); 1-5 years (third+)

Maximum Fine$500 (first); $1,000 (second); $2,500 (third+)

Charge Enhancements

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

Second offense within 10 years (24-hour mandatory minimum)
Third or subsequent (felony — 1-5 years)
Strangulation (felony under § 61-2-9d)

West Virginia-Specific Detail

Family/household member includes spouse, former spouse, persons with a child in common, cohabitants, or persons in a dating relationship. Protective orders under § 48-27-501.

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Important: This page provides legal INFORMATION about West Virginia domestic violence 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.