West Virginia Assault and Battery Laws: Charges and Penalties (2026)

Yes, West Virginia has separate assault and battery crimes, both in W. Va. Code 61-2-9. Assault under 61-2-9(b) is an unlawful attempt to commit a violent injury to another person, or an act that places another in reasonable apprehension of immediately receiving one, and carries up to 6 months in jail or a $100 fine; battery under 61-2-9(c) is unlawful and intentional insulting or provoking physical contact, or physical harm, and carries up to 12 months or a $500 fine. Both are misdemeanors. The felony forms are malicious and unlawful wounding with intent to maim, disfigure, disable or kill under 61-2-9(a), and separate sections raise the penalties for listed workers, family or household members and strangulation. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers West Virginia's assault and battery offenses in Chapter 61, Article 2 of the West Virginia Code (sections 61-2-9, 61-2-9b, 61-2-9d, 61-2-10, 61-2-10a, 61-2-10b, 61-2-15, 61-2-15a, 61-2-16a, 61-2-28 and 61-2-30), the repeat-felony statute 61-11-18, and the civil filing periods in 55-2-12 and 55-2-15. It does not cover self-defense and justification (see West Virginia self-defense laws), protective orders (see West Virginia restraining order laws), sexual offenses, offenses in other articles of Chapter 61, federal assault crimes (covered on the assault and battery hub) or local ordinances.

Assault vs. battery in West Virginia

West Virginia defines assault and battery as two different misdemeanors in the same section. The difference is contact. Assault requires no touching at all: it is an attempt, or an act that puts someone in fear of an immediate violent injury. Battery requires contact or harm. W. Va. Code 61-2-9(b) and (c) provide:

Assault: "Any person who unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act that places another in reasonable apprehension of immediately receiving a violent injury is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months or fined not more than $100, or both fined and confined."

Battery: "Any person who unlawfully and intentionally makes physical contact of an insulting or provoking nature to the person of another or unlawfully and intentionally causes physical harm to another person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than twelve months or fined not more than $500, or both fined and confined."

Battery therefore covers two kinds of conduct: an insulting or provoking touch that causes no injury, and intentionally causing physical harm. Both must be unlawful and intentional.

Is assault a felony in West Virginia?

Plain assault and battery are misdemeanors. The assault sections in Article 2 set their own penalty ranges rather than referring to a class, and an offense becomes a felony when the section says so. The main felony forms are:

• Wounding with intent (61-2-9(a)). A person who "maliciously shoots, stabs, cuts or wounds any person, or by any means cause him or her bodily injury with intent to maim, disfigure, disable or kill" is guilty of a felony, "except where it is otherwise provided," and faces 2 to 10 years. If the act is done "unlawfully, but not maliciously, with the intent aforesaid," it is still a felony, punishable by 1 to 5 years in a state correctional facility or up to 12 months in jail and a fine up to $500.
• Protected workers (61-2-10b). Assault or battery on the listed workers is a felony even on a first offense, with conditions described below.
• Strangulation (61-2-9d) causing bodily injury or loss of consciousness.
• A third qualifying domestic offense within 20 years of a prior conviction (61-2-28(d)).
• Assault during a felony (61-2-10) and malicious assault on a child 16 or under near a school (61-2-9b).

Repeat felonies (61-11-18). Most of the felony assaults on this page, including malicious and unlawful wounding, malicious assault on a child near a school, strangulation, assault during a felony, malicious or unlawful wounding and battery of protected workers (61-2-10b(b) to (d)), malicious or unlawful wounding of public-conveyance drivers, second or later battery of one, and third-offense domestic battery or assault, are qualifying offenses under W. Va. Code 61-11-18. Felony assault on a protected worker under 61-2-10b(e) is not on the list. If a person convicted of one, and subject to imprisonment in a state correctional facility for it, has a prior conviction in the United States for a crime punishable by imprisonment in a state or federal correctional facility, the court adds five years to a definite sentence or doubles the minimum of an indeterminate one. If the person has been twice previously convicted of such crimes with the same or substantially similar elements as a qualifying offense, the sentence is life imprisonment. Prior convictions from the same transaction or series of transactions count as one, and the most recent prior qualifying offense is not considered if more than 20 years passed between the release from that sentence or supervision and the new conduct.

West Virginia assault and battery offenses and penalties

These are the ranges each section sets for the offense itself; W. Va. Code 61-11-18 raises the sentence for some repeat felony convictions, up to life, described below. Section 61-2-9(d) applies the higher second and third offense penalties of 61-2-28 to some assault and battery convictions that follow a qualifying domestic conviction or diversion, as described below. The ranges are statutory limits; the court sets the sentence within them.

Bodily injury and the intent that makes a felony

West Virginia's general assault and battery sections turn on conduct and intent more than on a graded scale of injuries. The misdemeanor battery offense covers "physical harm" or contact "of an insulting or provoking nature." The felony wounding offenses in 61-2-9(a) require the specific "intent to maim, disfigure, disable or kill," and the line between the two felony grades is whether the act was done "maliciously" or "unlawfully, but not maliciously."

The strangulation section has its own definitions, which apply "As used in this section" only:

"Bodily injury" means substantial physical pain, illness or any impairment of physical condition; "Strangle" means knowingly and willfully restricting another person's air intake or blood flow by the application of pressure on the neck or throat; "Suffocate" means knowingly and willfully restricting the normal breathing or circulation of blood by blocking the nose or mouth of another; and "Asphyxiate" means knowingly and willfully restricting the normal breathing or circulation of blood by the application of pressure on the chest or torso.

Assaulting police officers, health care workers and other protected workers

W. Va. Code 61-2-10b covers six groups. For each offense in the section, the worker must be "acting in his or her official capacity" and the person must know or have reason to know that "the victim is acting in his or her official capacity." Section 61-2-10b(a) defines the groups:

• Government representative: "any officer or employee of the state or a political subdivision thereof, or a person under contract with a state agency or political subdivision of this state."
• Health care worker: "any nurse, nurse practitioner, physician, physician assistant, or technician practicing at, and all persons employed by or under contract to a hospital, county, or district health department, long-term care facility, physician's office, clinic, or outpatient treatment facility."
• Emergency service personnel: "any paid or volunteer firefighter, emergency medical technician, paramedic, or other emergency services personnel employed by or under contract with an emergency medical service provider or a state agency or political subdivision thereof."
• Utility worker: "any individual employed by a public utility or electric cooperative or under contract to a public utility, electric cooperative, or interstate pipeline."
• Law-enforcement officer: the definition in 30-29-1, which for this section "additionally includes those individuals defined as 'chief executive'" there.
• Correctional employee: employees of the Division of Corrections and Rehabilitation, the Regional Jail Authority and the Division of Juvenile Services, and employees of contractors serving incarcerated, detained or housed persons.

Battery on one of these workers is a felony even on a first offense, and a second or third violation of 61-2-10b(d) carries higher ranges (see the table). A person who commits a 61-2-10b offense against a correctional employee while incarcerated in a Division of Corrections and Rehabilitation or Regional Jail Authority facility, or while in Division of Juvenile Services custody and at least 18 or subject to adult prosecution, may not receive a sentence that runs concurrently with the sentence already being served (61-2-10b(f)).

School employees. Under 61-2-15, assault and battery on a school employee are misdemeanors with minimum jail terms and fines when the employee "is engaged in the performance of his or her duties, is commuting to or from his or her place of employment," or when the motive is "retaliation for some action taken by the employee to supervise or discipline one or more pupils." A school employee is anyone "employed by a county board of education whether employed on a regular full-time basis, an hourly basis or otherwise," including a student teacher.

Athletic officials and participants. Section 61-2-15a covers assault and battery on an athletic official or participant "during the time the official or person is acting as an athletic official or participant." Players on a team in the game "are exempt from prosecution under this section for acts, including, but not limited to, hard fouls, committed during the sporting event, provided the participant acts within the scope of the rules or nature of the sport."

Public-conveyance drivers. Section 61-2-16a covers a "driver, conductor, motorman, captain or other person in charge of any vehicle or boat" used for public conveyance, acting in an official capacity, when the person knows or has reason to know the victim's status.

People 65 or older. Under 61-2-10a(a), if a person is convicted and sentenced for an offense under 61-2-9 or 61-2-10 "against a person who is sixty-five years of age or older, then the sentence shall be mandatory and shall not be subject to suspension or probation." The court may still suspend the sentence and order probation on condition that the person perform public service, which may not be done in or about facilities or programs providing care or services for the elderly, and may apply the provisions of chapter 62, article 11A (release for work and other purposes) to a person committed to a term of one year or less. For a felony, the victim's age must be found by the court on a guilty or no contest plea, by the jury, or by the court in a bench trial before it bars probation (61-2-10a(b)).

Pregnant victims (61-2-30). For malicious or unlawful wounding (61-2-9(a)), battery (61-2-9(c)), assault during a felony (61-2-10), the protected-worker offenses (61-2-10b) and domestic battery (61-2-28(a)), "a pregnant woman and the embryo or fetus she is carrying in the womb constitute separate and distinct victims." The section does not apply to a legal abortion, medical care or treatment, lawful self-defense or defense of another, or acts of the pregnant woman.

Children near schools. Malicious assault under 61-2-9 on "a child sixteen years of age or under within one thousand feet of a school" is a felony carrying 5 to 15 years (61-2-9b).

Domestic battery and domestic assault

West Virginia has separate domestic offenses in 61-2-28. Domestic battery is unlawfully and intentionally making "physical contact of an insulting or provoking nature with his or her family or household member," or unlawfully and intentionally causing physical harm to one. Domestic assault is the attempt or apprehension offense against a family or household member. "Family or household member" has the meaning given in 48-27-204 (61-2-28(e)), and a person charged under 61-2-28 "may not also be charged with a violation of §61-2-9 (b) or (c) of this code for the same act" (61-2-28(f)).

Penalties climb with prior offenses involving a listed relationship (a current or former spouse or sexual or intimate partner, a person with whom the defendant has a child in common, a person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward, or a member of the defendant's household at the time of the offense). Prior convictions under 61-2-9, 61-2-9d and 61-2-14g, and pretrial diversion under 61-11-22, can count:

• Second offense (61-2-28(c)): domestic battery, 60 days to 1 year or a fine up to $4,000, or both; domestic assault, 30 days to 6 months or a fine up to $1,000, or both.
• Third or subsequent offense (61-2-28(d)): a felony "if the offense occurs within 20 years of a prior conviction of any of these offenses," punishable by 2 to 10 years or a fine up to $5,000, or both.

Section 61-2-9(d) links the general offenses to this ladder: a person convicted of assault or battery under 61-2-9(b) or (c) who, in the ten years before the conviction, was convicted of a 61-2-9(b) or (c) offense against a listed relationship, or of a 61-2-28 offense, or who served pretrial diversion for one of those offenses involving a present or past relationship, "is subject to the penalties set forth in section twenty-eight of this article for a second, third or subsequent criminal act of domestic violence offense, as appropriate."

Strangulation of a family or household member is a felony carrying 2 to 10 years under 61-2-9d(c). Protective orders are covered in West Virginia restraining order laws. Separately, federal law makes it unlawful for a person "convicted in any court of a misdemeanor crime of domestic violence" to possess a firearm or ammunition in or affecting commerce (18 U.S.C. 922(g)(9)); the assault and battery hub covers that rule.

Recent changes to West Virginia assault law

Three 2026 acts changed this area. Each took effect 90 days from passage:

• SB 200 (Acts 2026, ch. 100), in effect June 11, 2026: amended 61-2-10b, "relating to increasing the criminal penalties and fines for assault or battery of governmental representatives, health care providers, utility workers, law-enforcement officers, correctional employees, emergency medical service personnel, and animals used for law enforcement."
• HB 5101 (Acts 2026, ch. 95), in effect June 12, 2026: amended 61-2-9d and 61-2-28, "relating to clarifying the definition of 'domestic violence'; and creating and increasing criminal penalties for certain acts."
• HB 4999, in effect June 12, 2026: amended 61-2-15a, "relating to crimes against athletic officials; clarifying that victims include participants; establishing minimum fines; creating and clarifying definitions; authorizing a person convicted of the offenses to be banned from certain sports events."

The ranges on this page are those in the sections as amended by these acts. A 2025 bill on 61-2-15a, SB 531, was vetoed.

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit for damages are separate cases. West Virginia's general limitations statute does not name assault or battery, but 55-2-12(b) sets the period for personal injury actions: they must be brought "within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries." Under 55-2-15(b), a person who was a minor or insane when the claim arose may sue within two years after reaching adulthood or regaining sanity, but never more than 20 years after the claim accrued. Under 55-2-15(a), a claim against the perpetrator for sexual assault or sexual abuse suffered as a minor may be brought within 18 years after reaching the age of majority or four years after discovery, whichever is longer. Other sections can apply in particular cases; see the West Virginia statute of limitations guide.

Related legal issues

• Self-defense. Whether force was legally justified is a separate body of law; see West Virginia self-defense laws.
• Protective orders. See West Virginia restraining order laws.
• Clearing a record. Whether an assault or battery conviction can be expunged is covered in West Virginia expungement laws.

Related pages

• Assault and battery laws by state
• West Virginia self-defense laws
• West Virginia restraining order laws
• West Virginia expungement laws
• West Virginia statute of limitations
• Virginia assault and battery laws
• Kentucky assault and battery laws

This article provides general legal information about West Virginia assault and battery law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in West Virginia.

Last updated: 2026-10-13.

Frequently Asked Questions

Is battery a separate crime in West Virginia?

Yes. W. Va. Code 61-2-9(b) defines assault (an attempted violent injury, or an act placing someone in reasonable apprehension of immediately receiving one) and 61-2-9(c) defines battery (insulting or provoking physical contact, or physical harm). Both are misdemeanors.

Is assault a felony in West Virginia?

Plain assault and battery under 61-2-9(b) and (c) are misdemeanors. Malicious or unlawful wounding with intent to maim, disfigure, disable or kill (61-2-9(a)) is a felony, as is assault or battery on the workers listed in 61-2-10b while they are acting in an official capacity and the person knows or has reason to know it, strangulation causing bodily injury or loss of consciousness (61-2-9d), and a third qualifying domestic offense within 20 years of a prior conviction (61-2-28(d)). Repeat-offender rules (61-11-18) can raise the sentence for most of these felonies (not felony assault on a protected worker under 61-2-10b(e)), up to life.

What is the penalty for battery in West Virginia?

Battery under W. Va. Code 61-2-9(c) is a misdemeanor punishable by up to 12 months in jail or a fine of up to $500, or both. Domestic battery under 61-2-28(a) carries up to 12 months or a fine of up to $2,000, or both.

What is malicious wounding in West Virginia?

Under 61-2-9(a), maliciously shooting, stabbing, cutting or wounding a person, or causing bodily injury by any means with intent to maim, disfigure, disable or kill, is a felony carrying 2 to 10 years, except where the code provides otherwise. The same act done unlawfully but not maliciously carries 1 to 5 years, or up to 12 months in jail and a fine up to $500.

What happens if you hit a police officer in West Virginia?

Battery (unlawful, knowing and intentional insulting or provoking contact, or unlawful and intentional physical harm) on a law-enforcement officer acting in an official capacity, by a person who knows or has reason to know the officer is acting in that capacity, is a felony under 61-2-10b(d): a fine up to $500 or 1 to 3 years, or both, for a first offense, rising to 2 to 5 years for a second and 5 to 10 years for a third.

Is assaulting a nurse a felony in West Virginia?

Nurses, physicians and other health care workers defined in 61-2-10b(a)(2) are covered by 61-2-10b. Battery (unlawful, knowing and intentional insulting or provoking contact, or unlawful and intentional physical harm) on one acting in an official capacity, by a person who knows or has reason to know it, is a felony carrying a fine up to $500 or 1 to 3 years, or both, for a first offense.

Is it a crime to hit a referee in West Virginia?

Yes. Battery on an athletic official or participant while acting as one is a misdemeanor under 61-2-15a, with a minimum fine. Players on a team in the game are exempt for acts within the scope of the rules or nature of the sport.

Is strangulation a felony in West Virginia?

Yes. Under 61-2-9d(b), strangling, suffocating or asphyxiating another person without consent and thereby causing bodily injury or loss of consciousness is a felony carrying 1 to 5 years or a fine up to $2,500, or both; it is 2 to 10 years when the victim is a family or household member.

When does domestic battery become a felony in West Virginia?

Under 61-2-28(d), a third or subsequent qualifying violation against a listed family or household relationship is a felony if it occurs within 20 years of a prior conviction, punishable by 2 to 10 years or a fine up to $5,000, or both.

How long do you have to sue for assault and battery in West Virginia?

W. Va. Code 55-2-12(b) sets two years after the right to bring the action accrued for damages for personal injuries, with later deadlines for a person who was a minor or insane when the claim arose (55-2-15(b)) and for claims of sexual assault or abuse suffered as a minor (55-2-15(a)). The statute does not name assault or battery, and other sections can apply in particular cases.