The penalty for the felony of a third or subsequent domestic violence offense is a minimum of one year or up to five years in prison, or a fine up to ,500, or both.
Courts in West Virginia are required to order a defendant to pay restitution.
Pre-trial diversion is not available for subsequent offenses because of the mandatory minimum jail and prison sentences.In some cases, the pre-trial diversion agreement may involve only an agreement that the defendant will comply with conditions in exchange for the opportunity to plead guilty at the end of the conditional period to a lesser offense.Their partners tend to control their lives to a great extent as well as verbally degrade them.Hair pulling, biting, shaking, pushing, pinching, choking, kicking, confinement, slapping, hitting, punching, using weapons, forced intercourse, unwanted sexual touching in public or in private and depriving her of food or sleep.Simple assault in West Virginia consists of attempting to cause violent injury to another person or causing another person – by threats, words or actions – to feel afraid of impending violence. In determining that a domestic assault or battery is a subsequent offense, the court can count any combination of prior domestic assault or battery misdemeanor offenses and prior convictions for two other crimes – felony unlawful assault or battery and unlawful restraint crimes – if those crimes were committed against a family or household member. The crime of unlawful restraint is a misdemeanor and involves restraining a person either by actual physical force or by threat of violence. The penalty for domestic assault in West Virginia is up to six months in jail or a fine up to 0, or both.
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. §61-2-9(a).) For more information on the crime of unlawful assault in West Virginia, see Malicious or Unlawful Assault in West Virginia. This allows the court to count cases that did not result in a conviction because of a deferred sentence or diversion program.
§61-2-9(c).) Simple assault and battery are misdemeanors in West Virginia because the crimes involve only threats to injure, insulting or provoking contact or minor bodily injury like a cut, scrape or bruise.
A person commits an unlawful assault by shooting, stabbing cutting, wounding or causing serious bodily injury to another person but without the intent to cause serious harm or death. If the domestic assault is the offender’s second domestic violence offense, the defendant must serve a minimum of thirty days or up to six months in jail or pay a fine up to 0, or both.
May god bless this wonderful haven, and those who reside and work within it."Domestic Violence is a violent confrontation between family or household members involving physical harm, sexual assault, or fear of physical harm.
Family or household members include spouses / former spouses, those in (or formerly in) a dating relationship, adults related by blood or marriage, and those who have a biological or legal parent-child relationship.
Domestic violence is not only physical and sexual violence but also psychological.