Martinsburg Felony Defense Attorneys

Serving Clients Throughout West Virginia, Berkeley County & Beyond

West Virginia felonies consist of crimes that carry state prison time. All other crimes are considered misdemeanors per Chapter 61 of the West Virginia Code. Felonies may also carry fines, probation, and other court-ordered sanctions or programs, depending on the type of offense. 

A felony is a serious matter because of the long-term effects it may have on your life, from lengthy incarceration to a permanent criminal record. You will lose your right to vote while serving your sentence. You will also lose your right to bear arms or to hold public office. A felony record can negatively impact your personal and professional life, making it difficult to secure employment, housing, or loans. 

The Criminal Law Center provides you with highly-experienced legal representation; as seasoned trial lawyers, our team is here to help you fight charges and ensure that your rights are fiercely protected at every stage of the criminal process. Our Martinsburg felony defense lawyers can defend you in both state and federal courts with strategic defenses tailored to your specific case, needs, and goals. 

Put a proven defender in your corner. Contact us by email or by phone at (304) 262-9300 for a free case review today. 

West Virginia Felony Defense Cases

At The Criminal Law Center, we defend all West Virginia felonies, including but not limited to:

• Murder: This is considered the most serious crime and is punishable by up to life imprisonment. 
• Voluntary Manslaughter: Penalties may include between three and 15 years in prison
• Rape: Depending on the severity, rape convictions can lead to imprisonment for up to 35 years and $10,000 in fines.
• Robbery: Convictions can result in 10-20 years in prison, depending on the circumstances of the case.
• Malicious Assault: This involves wounding or causing another serious bodily injury and carries two up to 10 years in prison.
• Kidnapping: This is punishable by up to life in prions, depending on the severity and the intent.
• Arson: This can lead to up to 20 years in prison, depending on the damage caused and the intent. 
• Transportation or Manufacture of a Schedule I or II Controlled Substance: This is punishable by one up to 15 years in prison and/or a fine of up to $25,000. 

Indeterminate Sentencing

Indeterminate sentencing is a type of criminal penalty in which the exact length of incarceration is not determined at the time of sentencing. Instead, a range of time is provided, and the actual duration of the sentence depends on factors such as the offender's behavior while incarcerated and the recommendations of the parole board.

In West Virginia, indeterminate sentencing is used for certain felony offenses, such as: 

• First-degree robbery: For this felony, the offender may be sentenced to an indeterminate term of imprisonment ranging from 10 to 25 years.
• Third-degree sexual assault: A person convicted of this crime may face an indeterminate sentence of one to five years in prison.
• Burglary: If convicted of breaking and entering a dwelling with the intent to commit a crime, the offender may receive an indeterminate sentence of one to 15 years in prison.

In contrast to numerous states, West Virginia does not categorize felonies into classes when determining sentencing. Rather, the legislation for each felony outlines the permissible sentences for that specific crime. The majority of criminal statutes provide both minimum and maximum terms, while some only stipulate the minimum term.