CRIMINAL DEFENSE OF DOMESTIC VIOLENCE OFFENSES IN WEST VIRGINIA
What is Domestic Violence and How Is It Different From Assault or Battery?
Domestic violence is any act of violence against a family or household member. This requirement, that the act must be committed against a family or household member, is what distinguishes Domestic Assault or Domestic Battery from simple assault and simple battery.
Who is Considered a Family or Household Member for Purpose of Domestic Assault or Domestic Battery?
West Virginia Code 48-27-204 defines family or household members to be persons who:
1. Are or were married to each other;
2. Are or were living together as spouses;
3. Are or were sexual or intimate partners;
4. Are or were dating;
5. Are or were residing together in the same household;
6. Have a child in common;
7. Are related to each other; or
8. Are related to a family or household member as set forth above.
What is Domestic Assault?
West Virginia law defines Domestic Assault as attempting to commit a violent injury against a family or household member or committing an act that places a family or household member in reasonable apprehension of immediately receiving a violent injury. Essentially, a Domestic Assault is the attempt to commit a battery or behaving in such a manner that your family or household member feels threatened with immediate harm.
What is the Penalty for Domestic Assault in West Virginia?
West Virginia law provides that punishment for committing a first offense Domestic Assault is confinement in jail for not more than six (6) months, or a fine of not more than $100, or both jailed and fined.
Punishment for a second offense Domestic Assault in West Virginia is confinement in jail for not less than thirty (30) days nor more than six (6) months, or fined not more than $500, or both jailed and fined.
A third offense Domestic Assault in West Virginia is a felony if the offense occurs within ten years of a prior domestic violence offense and is punishable by imprisonment for not less than one (1) nor more than five (5) years, or fined not more than $2,500, or both imprisoned and fined.
What is Domestic Battery?
West Virginia law defines Domestic Battery as unlawfully and intentionally making physical contact of an insulting or provoking nature with a family or household member and intentionally causing physical harm. Essentially, Domestic Battery is any act of physical violence, such as pushing, hitting, kicking, throwing objects, or striking a family or household member with an object or your own body.
What is the Penalty for Domestic Battery in West Virginia?
West Virginia law provides that punishment for committing a first offense Domestic Battery is confinement in jail for not more than one (1) year, or fined not more than $500, or both jailed and fined.
Punishment for a second offense Domestic Battery in West Virginia is confinement in jail for not less than sixty (60) days nor more than one (1) year, or fined not more than $1,000, or both jailed and fined.
A third offense Domestic Battery in West Virginia is a felony if the offense occurs within ten years of a prior domestic violence offense and is punishable by imprisonment for not less than one (1) nor more than five (5) years, or fined not more than $2,500, or both imprisoned and fined.
Gun and Firearm Ownership and Possession Following Conviction of Domestic Assault or Domestic Battery
West Virginia Code 61-7-7(a)(8) prohibits anyone convicted of any Domestic Assault or Domestic Battery from owning or possessing a gun or firearm of any kind, whether such Domestic Battery or Domestic Assault conviction was under West Virginia law, the laws of any other state, or federal law.
Can I Get Back My Right to Own or Possess a Gun or Firearm After Being Convicted of Domestic Assault or Domestic Battery?
West Virginia Code 61-7-7(c) permits a person convicted of Domestic Battery or Domestic Assault to petition the Circuit Court of the county in which he or she resides to regain their ability to possess a firearm. If the Court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of the gun or firearm, the Court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law.
If I Am Charged With Domestic Assault or Domestic Battery in West Virginia, Do I Need An Attorney?
Simply put, yes. Charges of Domestic Assault and Domestic Battery carry the possibility of jail, and in some cases prison, as well as fines. In addition to those penalties, a conviction can remove your right to own and possess a gun or firearm and could have an impact on your employment or potential employment. If you are charged with Domestic Assault or Domestic Battery in Morgantown, Monongalia County, or Kingwood, Preston County, West Virginia, contact Slavey & Shumaker PLLC today for a free consultation.