How does domestic violence work in West Virginia?

Domestic assault and battery in West Virginia also are misdemeanors unless the crime is the offender’s third domestic violence offense. For a second offense, the court is required to impose more severe penalties, and for a third or subsequent offense, the assault or battery is charged as a felony.

What’s the law on battery in West Virginia?

Battery in West Virginia is unlawful, intentional physical contact that is insulting or provoking or results in physical harm. (W. Va. Code Ann. §61-2-9 (c).)

Can a defendant not be charged with domestic battery?

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.

Can a charge of aggravated domestic violence be dropped?

If the charge is for inflicting a battery on a former spouse, the other parent, or a former cohabitant and the force applied resulted in a traumatic condition (any wound or injury regardless of severity), then there are additional elements: For an aggravated domestic violence charge, the intimate partner must have suffered a serious bodily injury.

What happens to simple battery in West Virginia?

This alteration has the effect of abolishing the offense of simple battery 46 in West Virginia. Abolishing the offenses of simple battery and simple domestic battery in West Virginia affects both the criminal justice system as a whole and individual offenders within the system.

Is it illegal to assault someone in West Virginia?

Battery is in West Virginia is unlawful, intentional physical contact that is insulting or provoking or results in physical harm.