Misdemeanor

Any crime which includes a penalty of possible incarceration which is one year or less.  Most misdemeanor charges will be handled in Magistrate Court.  If the crime allegedly occurred within city limits, the charges could alternatively be filed in city or municipal Court.  Rarely will misdemeanor charges will be added to an indictment and addressed in Circuit Court, but it does occur.  In West Virginia, misdemeanors have a statute of limitations.  Misdemeanor charges must be filed within one year of the offense, and must be tried within one year from the arraignment of the Defendant on that charge. 

Examples of misdemeanors include:

• Petit Larceny

• Obstruction

• Domestic Battery or Assault (first or second)

• Simple Battery or Assault

Misdemeanors often carry a penalty that can be incarceration and/or a fine.  Imposition of the jail sentence is always a possibility, so it is best to have counsel represent you in these matters.  

You may ask, are traffic violations misdemeanors? Traffic violations are usually considered infractions, more serious ones are misdemeanors, and the most serious are felonies.

Some traffic violations that are misdemeanors are: 

• Reckless Driving

• Driving under the Influence of Drugs or Alcohol (DUI) (first or second)

• Driving without Insurance

• Driving with a Suspended or Revoked License

• Distracted Driving

• Excessive Speed or Excessive Lane Changing