Violent Crimes Attorney in Berkeley County 

Protecting Our Clients’ Rights and Freedoms 

Backed by over 70 years of collective experience, Sutton & Janelle, PLLC is dedicated to helping those accused of violent crimes have the legal counsel they need and deserve. Our attorneys can work with you to achieve your case goals and protect your interests and future. Once you retain our services, our firm can take the time to collect evidence, investigate the charges, question the prosecutorial evidence, develop a personalized case strategy, and achieve the best possible case results. 

Contact Our West Virginia Defense Attorneys

What Is Considered a Violent Crime in West Virginia? 

Cases that involve violent force or threats of violence toward another person are considered violent crimes. Common offenses that fall under the umbrella of violent crime include: 

• Abortion. Under West Virginia Code § 61-2-8, it is illegal to perform an abortion unless it is necessary to save the life of the mother or fetus, the fetus is not viable, or the pregnancy is ectopic. Performing an unlawful abortion is a felony offense that is punishable by imprisonment for three to 10 years. However, if the mother dies because of the abortion, the charges can be increased to a murder offense. It is important to note that the legal definition of an unlawful abortion offense involves causing a woman to take any drugs or using other means to produce abortion or miscarriage with the intention of destroying her unborn child. 
• Assault. An assault occurs when a person attempts to cause another person violent injury or to cause them to feel afraid of an impending assault because of threats or actions (West Virginia Code § 61-2-9(b)). There are multiple types of assault charges a person can face: simple assault (a misdemeanor offense that involves minor injury and no use of a weapon), aggravated assault (a felony offense that results in serious physical harm), malicious assault (a felony offense that involves the use of a deadly weapon), and sexual assault (a felony that involves any assault that is sexual in nature). 
• Battery. In West Virginia, battery refers to the act of unlawfully and intentionally physically touching someone in a way that provokes, insults, or causes physical harm to another person. Battery is a misdemeanor offense that is punishable by a fine of up to $500 and/or up to a year in jail. However, if this is the offender’s second or third battery charge or the offense was committed against a government official, emergency service worker, or healthcare worker, the offense becomes a felony. Second-time offenses are punishable by one to three years in prison and/or a fine of up to $1,000, and third offenses can be penalized by two to five years in prison and/or a fine of up to $2,000. 
• Domestic violence. If a person commits an act of assault or battery against a family or household member, they can be charged with domestic assault or battery. Family and household members include current or former spouses, dating or intimate partners, roommates, sexual partners, persons with whom the accused has a child, and anyone who is related to the accused by blood, marriage, or adoption. Domestic assault and battery are misdemeanor offenses unless the accused is a second or subsequent-time offender. While second-time domestic violence offenses require the court to impose harsher penalties, third-time and subsequent offenses are charged as felonies. 
• Kidnapping. A person is guilty of kidnapping if they unlawfully take custody of, confine, transport, conceal, or restrain another person against their will using force, fraud, the threat of force, misrepresentation, or enticement with the intent to inflict bodily injury, hold the person for ransom or reward, terrorize the victim or another person, or use the person as a shield or hostage. This offense is a felony that is punishable by life in prison without eligibility for parole. Parole may be allowed if the jury adds a mercy recommendation to their verdict. 
• Murder. In West Virginia, a person can face either first-degree or second-degree murder charges if they cause the death of another person. While first-degree murder involves premeditation and willfully killing another person, second-degree murder occurs when a killing is accidental or involves mitigating circumstances. Second-degree murder is a felony and is punishable by up to 40 years in prison, and first-degree murder is punishable by life in prison. 
• Robbery. A person commits robbery or attempted robbery when they commit violence against another person or use the threat of violence or force with the intent to commit a theft. Robbery is a felony offense that can be penalized by up to 10 to 25 years in prison. 

Retain the Services of Our Violent Crime Defense Attorneys 

Since 1999, Sutton & Janelle, PLLC has been serving Berkeley County, Jefferson County, and other West Virginia counties, and we are committed to helping our clients have professional, high-quality, and aggressive legal counsel. If you or a loved one have been arrested for or charged with a violent crime, our attorneys can help you mount a personalized, solid defense. You can trust our firm with your case, because:

• We offer tailored solutions and counsel to our clients. 
• We are dedicated to excellence and offer clients personalized attention. 
• We believe in protecting our clients’ rights to a fair trial and their personal rights and freedom. 
• We treat our clients with respect and as a priority—you’re more than a case file or number in the system. 

Contact us online or at (304) 867-0049 to discuss your legal options with our defense attorneys.