What Happens After a West Virginia Assault Arrest?

Being accused of a crime can be devastating and an emotionally complicated process. No doubt, it can leave you filled with more questions than answers. If you are facing assault charges, your first thought may be wondering what happens after a West Virginia assault arrest. With the help of an assault lawyer, you can get the answers to the questions you or your loved ones need to navigate the complex legal road ahead.

What Happens After a West Virginia Assault Arrest?

When you hire an assault defense lawyer, they can help explain the arrest and trial proceedings in much more detail. For now, though, here is a simplified breakdown of what happens after a West Virginia assault arrest:

• Charging. After an individual has been arrested, they will be formally charged with whatever assault category suits the situation. This usually occurs through an indictment or information. It is wise to hire an assault lawyer as soon as you can after you have been formally charged with assault, as they can help protect your rights and provide insight into what may follow.
• Arraignment. Next, there will be an arraignment. This is where the charges will be read, and the accused individual can decide to plead guilty, not guilty, or no contest.
• Potential outcomes. When you attend an arraignment, your attorney will recommend a guilty, not guilty, or no contest plea to the charges you are facing. If entering a guilty plea, you may be granted a plea bargain. This means that the prosecution may reduce your charges and/or sentence if you agree to the requirements they present.
• The trial. If you are unable to reach a plea bargain with the prosecution, your case will most likely go to trial. This is where a judge and/or jury will be able to rule on your charges and sentencing.

Potential Penalties in the Event of Conviction:

The potential penalties you could be facing if you are found guilty of the crime you have been charged with tend to vary in severity. Here are some examples of the different consequences you could be facing depending on the penalty you were charged with:

• Simple assault. West Virginia Law §61-2-9 outlines that simple assault, which involves one individual threatening to cause another one harm, is a misdemeanor that can result in up to six months in jail, as well as a fine of up to $100.
• Aggravated and/or malicious assault. Sometimes classified as felonies, aggravated assault, which involves attempting to cause someone serious harm, and malicious assault, which is assault with the intent to maim, disable, disfigure, and/or kill, can result in significantly harsher penalties, including prison time.
• Domestic assault/battery. Assault and/or battery that involves elements of domestic violence has the potential to carry steeper penalties and may be treated more seriously, especially when it involves a minor.
• Assault on protected employees. When you assault certain protected employees, such as law enforcement officers, healthcare workers, or legal officials, it can lead to increased penalties and/or mandatory prison time.

In addition to fines and prison time, those convicted of assault may face additional penalties, such as restraining orders, the loss of certain weapon rights, and/or a permanent mark on their criminal record, which can sometimes make finding jobs and housing difficult.

Hire an Assault Lawyer.

When you hire an assault lawyer, you can unlock everything you may need for your case to succeed. Crowe Law, LLC, understands the complex world of criminal Law, and Patrick Crowe can help you navigate it clearly and confidently. Instead of handling your case alone, turn to Crowe Law, LLC, and let us help you turn your future around.

FAQs:

Do First-Time Misdemeanor Assault Offenders Go to Jail in West Virginia?

It is possible that those convicted of a first-time misdemeanor assault could face jail time in the state of West Virginia. The circumstances surrounding your charges may influence how lenient the court will be, as well as whether there is sufficient and compelling evidence. Hiring Crowe Law, LLC, can help you avoid conviction in the first place, making it so you do not need to worry about prison time resulting from being found guilty.

Which Is Worse: Assault or Domestic Assault?

While it is common to separate these two charges into different categories, domestic assault is just a specific kind of assault underneath its broader umbrella. West Virginia takes all assault cases seriously, and the consequences of conviction can result in prison time and a mark on your permanent record, which can make it hard to find work or even housing, depending on your specific charges.

How Much Does It Cost to Hire an Assault Lawyer in West Virginia?

Each assault case is unique, and so it can be difficult to attach a one-size-fits-all price tag to a cost that tends to vary case by case. Variables like the amount of time your case requires to resolve, the level of complexity it presents, and who you hire to represent you are all capable of influencing your overall price.

What Is the Penalty for Misdemeanor Assault in West Virginia?

According to West Virginia Law §61-2-9, the penalty for a misdemeanor assault charge can result in being sentenced to up to six months in prison, as well as a $100 fee. While this may not sound as drastic as you may have imagined, a conviction like this can remain on your record, making it hard for you to acquire work and housing based on the specifics of your charges. Crowe Law, LLC, can help you work to avoid conviction.

West Virginia Assault Lawyer

If you are accused of an assault charge, you should not have to face those charges alone. The legal battle ahead can be long and complicated, with every decision having a possible impact on the outcome of your trial. Hire an assault lawyer who has the knowledge and experience you can count on when you need it the most.

At Crowe Law, LLC, we work hard to build a defense that focuses on an acquittal, a dismissal of charges, or a reduction in charges. We understand that each case is unique. We do not apply a one-size-fits-all approach to defense. Instead, we build a defense that is based on the facts of your case. We can guide you through every step of your legal proceedings, crafting and delivering a defense on your behalf.

Contact Crowe Law, LLC, today to schedule a consultation.