Cline & Singh, PLLC represents people charged with domestic battery and domestic assault in Weirton, Wheeling, and throughout the Northern Panhandle. These cases move quickly, often come with a protective order, and carry consequences well beyond the sentence.
Domestic battery charges often begin with a single call and an arrest the same night. Within days, a person may be facing bond conditions that bar them from their own home, a separate protective order petition in family court, and a criminal case in magistrate court, all moving at the same time.
We handle the criminal case and keep the related proceedings in view, because what happens in a protective order hearing can affect the criminal case, and the reverse. We look closely at the evidence, the statements taken at the scene, any injuries or lack of them, and the history between the people involved.
Intentional physical contact of an insulting or provoking nature with, or causing physical harm to, a family or household member. A first offense is a misdemeanor punishable by up to twelve months in jail and a fine of up to $2,000.
Attempting a violent injury, or placing a family or household member in reasonable fear of an immediate violent injury. A first offense is a misdemeanor punishable by up to six months in jail and a fine of up to $500.
A second offense carries mandatory jail time: sixty days to one year for battery and thirty days to six months for assault, with higher fines. Certain prior diversions can count toward a second offense.
A third offense within twenty years of a prior conviction is a felony, punishable by two to ten years in a state correctional facility and a fine of up to $5,000.
Violating the terms of a protective order or bond condition is a separate criminal charge, even when the contact was invited or mutual.
Some incidents are charged more seriously, as malicious or unlawful wounding or strangulation. These are handled as felony cases in circuit court.
The domestic battery and assault statutes apply only when the alleged victim is a family or household member, a term West Virginia defines broadly. It generally includes current and former spouses, people who live or have lived together, people in or formerly in a dating relationship, parents of a child in common, and certain relatives. If that relationship does not exist, the charge may be the wrong one.
A domestic battery conviction is often more damaging than the sentence itself suggests. Under federal law, a conviction for a misdemeanor crime of domestic violence generally prohibits a person from possessing firearms, which can end careers in law enforcement, the military, and security work. A conviction also counts toward the enhanced penalties for any later offense, and it can affect custody and parenting time in family court.
Because of these consequences, the way a domestic case is resolved, including whether a charge can be dismissed, reduced to a non-domestic offense, or tried, matters as much as the sentence.
Not on that basis alone. In West Virginia, the State, not the alleged victim, decides whether to prosecute. The other person’s wishes can matter, but the prosecutor can continue the case without their cooperation.
A first or second offense is a misdemeanor. A third offense within twenty years of a prior qualifying conviction is a felony, punishable by two to ten years in a state correctional facility.
Generally yes. Federal law prohibits people convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition, regardless of the sentence imposed.
Often not right away. Bond conditions in domestic cases commonly include no-contact provisions, and a separate protective order may also bar contact or require leaving the home. Violating either can lead to new charges.
We represent clients throughout the Northern Panhandle of West Virginia and surrounding areas.
Wheeling Criminal Lawyer · Weirton Criminal Lawyer · Moundsville Criminal Lawyer · Wellsburg Criminal Lawyer · New Cumberland Criminal Lawyer
If you would like a plain-language overview before talking with anyone, these guides explain how this area of West Virginia law generally works.
Domestic Violence Protective Orders ExplainedHow protective orders work in West Virginia family and magistrate courts, and what a hearing involves.
Misdemeanor vs. Felony ChargesHow West Virginia divides crimes into misdemeanors and felonies, and what that means for court process and sentencing.
These cases move fast and often involve a protective order at the same time. Talk with us before your first hearing. Consultations are free.