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Charges and sentences

Felony and misdemeanor classes in West Virginia

West Virginia does not sort crimes into classes or degrees. An offense is a felony if it can be punished by confinement in the penitentiary and a misdemeanor if not, and each offense law sets its own penalty.1

Checked October 29, 2026 against West Virginia's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony
In West Virginia, an offense punishable by confinement in the penitentiary is a felony. All other offenses are misdemeanors.1
Felony theft starts at
$1,000How theft is graded
When a DUI is a felony
A third or later DUI within 10 years is a felony, punishable by 2 to 5 years in prison. A first DUI is a misdemeanor, and a second DUI within 10 years is a misdemeanor with 6 months to 1 year in jail.2

How West Virginia grades crimes

West Virginia has no felony classes or degrees. Each offense law sets its own sentence range, so ranges differ from crime to crime. For most felonies, the court imposes a general prison sentence that cannot go past the maximum that law sets.1

When a misdemeanor law does not fix the jail term or the fine, the court sets them.3

Sentences can be longer for people with earlier convictions. If the new conviction is for one of a long list of serious crimes, an earlier conviction for any crime punishable by prison adds five years to a fixed sentence or doubles the minimum of an indeterminate one. Two earlier convictions for listed crimes can bring a life sentence. The list includes murder, robbery and some drug and assault crimes, and since June 12, 2026, third-offense DUI and DUI causing serious bodily injury.4

When theft is a felony in West Virginia

In West Virginia, stealing goods or property worth $1,000 or more is grand larceny, a felony with 1 to 10 years in prison, or up to one year in jail at the court's discretion. Below $1,000 it is petit larceny, a misdemeanor.5

W. Va. Code § 61-3-13(a) · Felony theft amounts in every state

DUI in West Virginia

West Virginia calls it driving under the influence (DUI). The law covers being under the influence of alcohol, drugs or both, or having a blood alcohol concentration of 0.08% or more.

Repeat offenses
A third or later DUI within 10 years is a felony, punishable by 2 to 5 years in prison. A first DUI is a misdemeanor, and a second DUI within 10 years is a misdemeanor with 6 months to 1 year in jail.
Which past offenses count
An earlier conviction counts if the offense happened within 10 years before the arrest in the current case. Convictions under a city ordinance, federal law or another state's law with the same elements also count, and so does an earlier first-offense conditional probation.
Other felony versions
DUI causing death is a felony: 3 to 15 years in prison, or 5 to 30 years if the driver also showed deliberate disregard for others' safety (the longer range is from "Baylea's Law," in effect since June 12, 2026). DUI causing serious bodily injury is a felony (2 to 10 years). DUI causing other bodily injury and DUI with a passenger under 16 are misdemeanors.

W. Va. Code § 17C-5-2(b), (c), (d), (k), (l), (m), (n)2 · Felony DUI rules in every state

After a conviction

Common questions

What is a felony in West Virginia?

In West Virginia, an offense punishable by confinement in the penitentiary is a felony. All other offenses are misdemeanors.

How much theft is a felony in West Virginia?

In West Virginia, stealing goods or property worth $1,000 or more is grand larceny, a felony with 1 to 10 years in prison, or up to one year in jail at the court's discretion. Below $1,000 it is petit larceny, a misdemeanor.

Is a DUI a felony in West Virginia?

A third or later DUI within 10 years is a felony, punishable by 2 to 5 years in prison. A first DUI is a misdemeanor, and a second DUI within 10 years is a misdemeanor with 6 months to 1 year in jail. DUI causing death is a felony: 3 to 15 years in prison, or 5 to 30 years if the driver also showed deliberate disregard for others' safety (the longer range is from "Baylea's Law," in effect since June 12, 2026). DUI causing serious bodily injury is a felony (2 to 10 years). DUI causing other bodily injury and DUI with a passenger under 16 are misdemeanors.

These are the general ranges in West Virginia's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

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Cite this page

Second Chance Index, "Felony and misdemeanor classes in West Virginia" https://secondchanceindex.com/felony-classes/west-virginia, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

  1. W. Va. Code § 61-11-1
  2. W. Va. Code § 17C-5-2(b), (c), (d), (k), (l), (m), (n)
  3. W. Va. Code § 61-11-17
  4. W. Va. Code § 61-11-18
  5. W. Va. Code § 61-3-13(a)
  6. §61-11-16. Term of imprisonment for felony; indeterminate sentenceWest Virginia Legislature
  7. Enrolled Committee Substitute for H.B. 4712 (2026), Baylea's LawWest Virginia Legislature
  8. Enrolled Committee Substitute for H.B. 4755 (2026), amending §61-11-18West Virginia Legislature