Criminal penalties in West Virginia
Checked in October 2026 against the West Virginia Code, Chapters 17C, 61.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How West Virginia sets penalties
- West Virginia has no named felony classes. Each offence states its own range, usually 'not less than one nor more than 15 years' in the penitentiary or a state correctional facility. Many offences also allow a fine, and some allow a jail term in place of the penitentiary.
- Murder has two degrees. Murder in the first degree is punished by confinement for life (§ 61-2-2), and whether the offender is eligible for parole is decided separately (§ 62-3-15, which was not read). Murder in the second degree carries a definite term of 15 to 60 years, with parole eligibility after 15 years (§ 61-2-3).
- Larceny is graded by value: grand larceny at $1,000 or more is a felony, petit larceny below $1,000 is a misdemeanor (§ 61-3-13). West Virginia has a specific statute on embezzlement by bank officers and agents (§ 61-3-20), which was not used here.
- This table shows first-offence ranges.
Death penalty: No. The most serious punishment in the sections read is imprisonment for life, set for murder in the first degree (W. Va. Code § 61-2-2).
First-degree murder
Life imprisonment
Murder in the first degree (Offence)
- Least
- Life imprisonment
- Most
- Life imprisonment
Whether the offender can be paroled is decided under § 62-3-15, which was not read for this table.
Second-degree murder
15 to 60 years
Murder in the second degree (Offence)
- Least
- 15 years
- Most
- 60 years
The offender is not eligible for parole before serving 15 years, or the period required by § 62-12-13 if longer.
Voluntary manslaughter
5 to 25 years
Voluntary manslaughter (Offence)
- Least
- 5 years
- Most
- 25 years
The offender is not eligible for parole before serving 5 years, or the period required by § 62-12-13 if longer.
Robbery
5 to 18 years (second degree); at least 10 years (first degree)
Robbery in the second degree: placing the victim in fear of bodily injury, or using means designed to temporarily disable the victim (Offence)
- Least
- 5 years
- Most
- 18 years
Robbery in the first degree: committing violence to the person, or using the threat of deadly force by presenting a firearm or other deadly weapon (Offence)
- Least
- 10 years
- Most
- No maximum stated in the subsection read
Burglary
1 to 15 years
Burglary: breaking and entering, or entering without breaking, a dwelling house of another or an outbuilding adjoining it, with intent to commit a violation of the criminal laws of the state (Offence)
- Least
- 1 year
- Most
- 15 years
Arson
2 to 20 years (first degree)
Arson in the first degree: wilfully and maliciously burning, or causing to be burned, a dwelling or outbuilding, whether occupied, unoccupied or vacant (Offence)
- Least
- 2 years
- Most
- 20 years
Aggravated assault
2 to 10 years (malicious wounding)
Malicious wounding (Offence)
- Least
- 2 years
- Most
- 10 years
West Virginia's malicious wounding offence (§ 61-2-9(a)) covers maliciously shooting, stabbing, cutting or wounding a person, or causing bodily injury by any means with intent to maim, disfigure, disable or kill. A lower penalty applies if the act is done unlawfully but not maliciously, which was not read in full.
Rape and sexual assault
15 to 35 years and a fine of $1,000 to $10,000 (first-degree sexual assault)
Sexual assault in the first degree (Offence)
- Least
- 15 years
- Most
- 35 years
- Fine
- $1,000 to $10,000, in addition
Where the offender is 18 or older and the victim is under 12, the penalty is 25 to 100 years and a fine of $5,000 to $25,000 (§ 61-8B-3(c)).
Kidnapping
Life imprisonment without parole (unless the jury recommends mercy); 10 to 30 years in some cases
Kidnapping: taking custody of, concealing, confining or restraining another by force, threat, duress or deceit, with intent to hold for ransom, inflict bodily injury, terrorise or use as a shield or hostage (Offence)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
A jury may recommend mercy, in which case the person is eligible for parole. A person who pleads guilty, or whose victim is released under listed conditions, receives a lesser term of years (§ 61-2-14a(b)).
Embezzlement
Up to 1 year (value under $1,000); 1 to 10 years (grand larceny, $1,000 or more)
Petit larceny: stealing goods or chattels worth less than $1,000 (Offence)
- Least
- No minimum term set by the statute
- Most
- 1 year in jail
- Fine
- Up to $2,500, or both
Grand larceny: stealing goods or chattels worth $1,000 or more (Offence)
- Least
- 1 year
- Most
- 10 years
- Fine
- Up to $2,500 if jail is chosen
West Virginia treats the general case of embezzlement as larceny, graded by value (§ 61-3-13). A person who commits grand larceny may instead be confined in jail for up to a year and fined up to $2,500.
Forgery
1 to 10 years, or up to 1 year in jail and a fine of up to $500
Forgery, or uttering a forged writing knowing it to be forged (Offence)
- Least
- 1 year
- Most
- 10 years
- Fine
- Up to $500 if jail is chosen
The court may instead confine the offender in jail for up to one year.
Drunk driving, first offence
A misdemeanor: up to 6 months in jail and a fine of $100 to $500; the licence is revoked for 6 months
Driving a vehicle while in an impaired state, first offence (Offence)
- Least
- No minimum term set by the statute
- Most
- 6 months
- Fine
- $100 to $500
The court may confine the offender in jail for up to six months. The licence is revoked for six months, or for a period conditioned on participation in the test and lock program.
A higher blood alcohol (0.15 percent or more) carries 2 days to 6 months, at least 24 hours of it actual confinement, and a fine of $200 to $1,000, with a one-year licence revocation (§ 17C-5-2(f)). Impairment that proximately causes bodily injury to another person carries 1 day to 1 year, a fine of $200 to $1,000 and a two-year revocation (§ 17C-5-2(d)).
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, Nevada, Montana, Idaho, New Hampshire, Rhode Island, Colorado, Pennsylvania.
