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Misdemeanor vs. Felony Charges in West Virginia
West Virginia sorts criminal offenses into two broad categories. Which category a charge falls into shapes almost everything else about the case, from which courtroom hears it to what a conviction can mean afterward.
How West Virginia Draws the Line
West Virginia Code sets out a simple rule for telling the two categories apart. Offenses that can be punished by confinement in the penitentiary are felonies. Every other offense is a misdemeanor.
The word penitentiary is older language, and in practice it refers to the state prison system, meaning the institutions the state uses to hold people serving longer sentences. Misdemeanor sentences, when they involve confinement at all, are generally served in a regional jail rather than in the state prison system.
It is worth noting that the label attaches to the offense as the Legislature defined it, not to what the judge eventually decides. An offense is a felony because the law allows a penitentiary sentence for it, even if a particular person convicted of that offense receives probation instead.
Key Terms
- Felony
- An offense that West Virginia law allows to be punished by confinement in the state prison system.
- Misdemeanor
- Any criminal offense that is not a felony under West Virginia law.
Two Different Courts
West Virginia has two trial courts that handle criminal cases, and the misdemeanor and felony distinction largely determines which one a case belongs in.
Magistrate court has jurisdiction over all misdemeanor offenses committed in the county. Magistrates also issue arrest and search warrants, set bond in most criminal matters, and handle the first appearance after an arrest. A person charged with a misdemeanor can generally have the case decided by the magistrate or, if they request one, by a jury in magistrate court.
Circuit court is the court where felony cases are tried. It is a court of general jurisdiction, meaning it also handles serious civil matters, and it is presided over by a circuit judge.
There is also municipal court, which handles violations of city or town ordinances. Municipal courts do not handle felonies.
Key Terms
- Magistrate Court
- The West Virginia court that handles misdemeanor cases, warrants, bond, and the early stages of felony cases.
- Circuit Court
- The West Virginia trial court where felony cases are tried and serious civil matters are heard.
- Jurisdiction
- The authority of a particular court to hear a particular kind of case.
How a Felony Case Gets to Circuit Court
A felony case does not begin in circuit court. It usually starts in magistrate court, the same as a misdemeanor, with an arrest and an initial appearance where bond is set.
The magistrate can then hold what the law calls a preliminary examination, often called a preliminary hearing. This is not a trial and does not decide guilt. Its purpose is narrower: to determine whether there is probable cause to believe a felony was committed and that this person committed it, so the case should move forward.
The case then goes before a grand jury. A grand jury is a group of citizens that reviews the state's evidence in private and decides whether to formally charge the person. If it does, it returns an indictment, and the case moves to circuit court for arraignment and everything that follows.
This means a felony case typically passes through several stages before a trial date is ever discussed. A misdemeanor case in magistrate court has a considerably shorter path.
Key Terms
- Preliminary Hearing
- A magistrate court hearing that decides whether there is probable cause for a felony case to continue, not whether the person is guilty.
- Grand Jury
- A group of citizens that reviews evidence in private and decides whether to formally charge someone with a felony.
- Indictment
- The grand jury's formal written charge, which moves a felony case into circuit court.
Differences in What Is at Stake
The most obvious difference is the possible sentence. Misdemeanor penalties are generally limited to fines, a period of confinement in a regional jail, probation, or some combination. Felony penalties can include a sentence in the state prison system, and West Virginia uses both fixed terms and indeterminate ranges, where a sentence is expressed as a span of years rather than a single number.
Beyond confinement, the two categories can carry different long-term effects. A felony conviction in particular can affect a person's ability to possess a firearm, their eligibility to serve on a jury, and their voting rights while they are serving a sentence, including any period of probation or parole. It can also matter for professional and occupational licenses, some housing applications, and some employment screening.
Both kinds of convictions appear on a criminal record. The practical weight given to them by employers, landlords, and licensing boards often differs, and misdemeanors and felonies are also treated differently under West Virginia's expungement laws.
Because outcomes vary so much with the specific offense and the person's history, the general descriptions here are not a substitute for looking at how a particular charge is defined in the Code.
Key Terms
- Indeterminate Sentence
- A sentence expressed as a range of years rather than a single fixed number, with release timing determined later.
- Probation
- Supervision in the community, under court-ordered conditions, in place of or following confinement.
Why the Distinction Matters Early
The category a charge falls into is not just a description of how serious it is. It shapes the practical shape of the case from the beginning.
It determines which courthouse and which judge or magistrate the case is in front of, how many stages the case will pass through, how bond is likely to be approached, whether a grand jury will be involved, and how long the whole process is likely to take. It also affects what any resolution of the case can look like.
It is also possible for the category to change as a case develops. A charge can be reduced from a felony to a misdemeanor, and conduct that begins as a misdemeanor investigation can be charged as a felony if the facts support a more serious offense. Some offenses in West Virginia are written so that a first occurrence is a misdemeanor and a later one, after prior convictions, becomes a felony.
Terms That Often Cause Confusion
Several words come up in this area that sound similar but mean different things.
A charge is an accusation. A conviction is a court's finding of guilt, either after a trial or after a guilty plea. A person who has been charged has not been convicted, and the two words are not interchangeable.
An arrest is being taken into custody. Being arrested does not by itself mean charges will be filed, and a prosecutor may decide not to pursue a case that began with an arrest.
A citation, sometimes called a summons, is a written notice directing a person to appear in court on a stated date. Some misdemeanor matters begin with a citation rather than with an arrest.
Key Terms
- Charge
- A formal accusation that a person committed an offense; it is not a finding of guilt.
- Conviction
- A court's finding of guilt, whether after a trial or after a guilty plea.
Common Questions
What actually makes something a felony in West Virginia?
West Virginia Code defines felonies as those offenses that can be punished by confinement in the penitentiary, meaning the state prison system. Every other criminal offense is a misdemeanor. The classification depends on the punishment the law allows for the offense, not on the sentence a particular person ends up receiving.
Which court will my case be in?
Misdemeanor cases are handled in magistrate court, or in municipal court when the charge is a violation of a city or town ordinance. Felony cases are tried in circuit court, though they usually begin in magistrate court with an initial appearance and possibly a preliminary hearing before moving forward.
What is a preliminary hearing, and is it a trial?
No, it is not a trial. A preliminary hearing is held in magistrate court to determine whether there is probable cause to believe a felony was committed and that the accused person committed it. The magistrate is deciding only whether the case should move forward, not whether the person is guilty.
Can a felony charge become a misdemeanor?
It can. Charges are not fixed at the moment of arrest. A case can resolve with a charge reduced from a felony to a misdemeanor, and conversely, a matter that starts as a misdemeanor investigation may be charged as a felony if the facts support a more serious offense. Some West Virginia offenses are also written so that a repeat occurrence carries a felony classification.
Does a misdemeanor conviction still show up on a background check?
Yes. Both misdemeanor and felony convictions become part of a person's criminal record and can appear on background checks. The weight employers, landlords, and licensing boards give them often differs, and the two categories are also treated differently under West Virginia's expungement laws.
This article is provided for general informational purposes and does not constitute legal advice. Laws change, and individual circumstances vary. If you have questions about how West Virginia law applies to your situation, consult a licensed attorney.