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Differences Between a Felony and a Misdemeanor?

When seeking to understand the difference between felonies and misdemeanors, we start with a brief comparison of the salient points of each.

First, felonies and misdemeanors are the same in that—

• Both are descriptions of classes of crimes.
• Sentencing for both may include a fine in addition to time in jail or prison.
• All felony and misdemeanor cases begin in General District Court.

As for how they differ—

• A misdemeanor offense is a relatively minor crime, punished by a maximum of one year in the county jail.
• A felony is a more serious crime, punishable by more than one year in a state prison.

Misdemeanor crimes in West Virginia

When you are sentenced in West Virginia for a misdemeanor, you will serve your sentence in a county jail facility.  West Virginia misdemeanors are categorized numerically:

• Class 1 misdemeanor is the most severe classification for a misdemeanor in West Virginia.  These misdemeanors carry a maximum sentence of 12 months in a county jail and may include a fine of up to 2,500 dollars.
• Class 2 misdemeanors in West Virginia carry a maximum sentence of six months in a county jail and may include a fine of up to 1,000 dollars.
• Class 3 misdemeanors in West Virginia usually carry no jail sentence but may include a fine of up to 500 dollars.
• Class 4 misdemeanors rarely carry jail time.  The fine can be up to 250 dollars.

Felony in West Virginia

Some West Virginia felony convictions—Class 3 and 4—may be served in a jail facility at the discretion of the jury and the judge, but most mean prison time.  The four most severe classifications may include a fine of up to 100,000 dollars:

• A Class 1 felony—the most severe classification—is punished by death or life imprisonment and includes such crimes as murder by poison and premeditated killing.
• A Class 2 felony is punished by up to 25 years in prison.
• A Class 3 felony in West Virginia means a 5 to 25 year sentence.
• A Class 4 felony is punishable by two to ten years in prison.

The final two lesser felony classifications may include a fine of up to 2,500 dollars, but they differ in length of imprisonment:

• Class 5 felonies are punished with a one-to-ten year sentence in a state prison or 12 months maximum in a county jail.
• Class 6 felonies are punished with a one-to-five year sentence in a state prison or 12 months maximum in a county jail.

Expungement in West Virginia

Expungement—the sealing of past criminal records from the public and from law enforcement agencies—is limited to just certain circumstances in West Virginia.  Eligibility includes obtaining a full executive pardon, being found not guilty of the offense, and others.  Even if you are pardoned for first degree murder, kidnapping, sexual offenses, or treason in WV, you are not eligible for expungement.

Building a criminal defense in West Virginia

To ensure the best possible defense for a crime, turn to an experienced West Virginia criminal defense lawyer.  If you are arrested in West Virginia, contact The Giatras Law Firm, PLLC to start building a strong a criminal defense in West Virginia.