Misdemeanor vs. Felony: What’s the Difference?

If you’ve been charged with a crime in West Virginia, one of the first things you’ll hear is whether the charge is a misdemeanor or a felony. Both are serious, but felonies carry far more severe penalties.

At Walters Law Firm in Charleston, WV, we help clients understand the charges they face, the possible consequences, and the legal options available to protect their future. Here’s what you need to know about the differences between misdemeanors and felonies in West Virginia.

What Is a Misdemeanor?

Misdemeanors are considered less serious crimes, but they still carry consequences such as fines, probation, and up to 12 months in county jail.

Examples in West Virginia:

• First-offense DUI.
• Shoplifting under a set value.
• Simple assault.
• Trespassing.
• Possession of small amounts of marijuana.

Even though misdemeanors may sound minor, they leave a criminal record that can affect jobs, housing, and education.

What Is a Felony?

Felonies are the most serious criminal offenses. A felony conviction typically results in more than one year in state prison, along with long-term collateral consequences.

Examples in West Virginia:

• Armed robbery.
• Drug trafficking or manufacturing.
• Burglary with intent to commit a felony.
• Aggravated assault or battery.
• Homicide.

Felony convictions often mean loss of civil rights — including voting and gun ownership.

Misdemeanor vs. Felony: Key Differences

Penalties

• Misdemeanors: Fines, probation, community service, up to 12 months in jail.
• Felonies: Lengthy prison sentences, higher fines, loss of civil rights.

Court Process

• Misdemeanors are often handled in magistrate court.
• Felonies usually proceed through circuit court, sometimes requiring a grand jury indictment.

Long-Term Consequences

• Misdemeanors can disrupt your life but are often eligible for expungement.
• Felonies carry life-changing restrictions that are much harder to overcome.

How Charges Can Escalate

Certain circumstances can turn a misdemeanor into a felony:

• Theft becomes a felony if the value is high enough.
• Assault may become a felony if serious injury or a weapon is involved.
• Drug possession can escalate to distribution if intent to sell is proven.

At Walters Law Firm, we work to prevent these escalations whenever possible.

Why Legal Representation Matters

Both misdemeanors and felonies can impact your record and future. A skilled defense attorney can:

• Negotiate reduced charges.
• Challenge unlawful searches or evidence collection.
• Argue for probation or diversion programs.
• File for expungement when possible.

The Charleston-based attorneys at Walters Law Firm know how to navigate West Virginia’s courts and protect your future.

West Virginia Sentencing Considerations

• First-time offenders may qualify for diversion programs.
• Repeat offenders can face enhanced penalties.
• Juveniles may sometimes be tried as adults, depending on the charge.

We evaluate all factors to develop the best defense for your situation.

FAQs

Can misdemeanors be expunged in West Virginia?
Yes, many non-violent misdemeanors can be expunged after a waiting period.

Can felonies ever be reduced to misdemeanors?
Yes, often through plea bargaining or lack of evidence.

Do felony convictions affect voting rights?
Yes, during incarceration. Rights are usually restored after completing your sentence.

Conclusion

The difference between a misdemeanor and a felony in West Virginia is more than just labels — it’s about the potential impact on your life, freedom, and future.

If you are facing misdemeanor or felony charges in Charleston or anywhere in West Virginia, call Walters Law Firm today. Our experienced defense attorneys are ready to fight for your rights, explain your options, and guide you through every step of the legal process.

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