Morgantown Assault & Battery Attorney

Drawing on Decades of Criminal Defense Experience

An assault conviction can cast a long shadow over your future, particularly when you’re seeking employment. If you’re facing serious assault charges, your first critical step should be securing an experienced attorney who will commit fully to your defense. The Mountaineer Criminal Law Group offers 25 years of proven experience handling criminal cases in West Virginia.

Assault and battery are distinct violent crimes, though they’re often combined into a single charge. The most serious assault and battery cases typically involve attacks with a deadly weapon.

Victims of assault and battery may be entitled to both compensatory and punitive damages. If someone you care about has been injured in an assault or battery incident, protecting their legal rights is essential.

Understanding Assault and Battery Under West Virginia Law

While “assault and battery” is commonly used as a single phrase, these terms describe two separate criminal offenses in West Virginia. Assault involves an attempt to commit violence or inflict serious injury, with the present ability to carry out that threat. Battery refers to intentional physical contact that causes harm, humiliation, or extreme provocation.

Types of Assault Charges

Simple Assault

Simple assault involves causing harm without using a weapon. It can also include behavior that threatens someone with physical violence. This offense is classified as a misdemeanor in Monongalia County.

Malicious Assault

A Morgantown criminal lawyer can explain that malicious assault occurs when someone attempts to injure, stab, cut, or shoot another person with the intent to disfigure, disable, or kill them. This serious offense usually involves the use of a deadly weapon.

Sexual Assault

Sexual assault is any sexually motivated attack intended to harass or harm another person. This criminal act carries severe penalties under West Virginia law.

Penalties for Assault & Battery in West Virginia

For simple assault, you may face up to six months in jail and a $100 fine. However, depending on the circumstances, the same charge could result in 12 months of imprisonment and a $500 fine.

Repeat offenders or those who commit assault or battery against government officials face more severe consequences. A Morgantown DUI attorney from our group understands that second-time offenders may receive one to three years in jail and fines up to $1,000. Third-time offenders face 2-5 years in prison and fines reaching $2,000.

When assault or battery stems from domestic violence, penalties for repeat offenders increase substantially. Domestic assault convictions carry the following penalties:

• Second offense: Minimum jail term of 30-60 days, maximum of one year, plus a $1,000 fine
• Third offense: Minimum of one year in prison and a $2,500 fine

Get Legal Help from a Morgantown Criminal Defense Attorney

If you’re facing assault and battery charges, contact a local West Virginia attorney immediately. Whether you need a Morgantown criminal lawyer, the experienced team at Mountaineer Criminal Law Group works diligently to reduce or dismiss your charges.Call 412.387.6901 for a free consultation today.