ViewCharge - West Virginia Charge Codes

Charge

Code:*

Name:

Description:

Off Class Desc:*

Type:

Effective Date:

Effective End Date:

Statute:

(d) Any person who has been convicted of a third or subsequent violation of the provisions of subsection (a) or (b) of this section or a third or subsequent violation of the provisions of § 61-2-9 of this code, § 61-2-9d of this code, or section § 61-2-14g of this article, where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, 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 or who has previously been granted a period of pretrial diversion pursuant to § 61-11-22 of this code for a violation of subsection (a) or (b) of this section or a violation of the provisions of § 61-2-9 of this code, § 61-2-9d of this code, or section § 61-2-14g of this article in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, 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, or any combination of convictions or diversions for these offenses, is guilty of a felony if the offense occurs within 20 years of a prior conviction of any of these offenses and, upon conviction thereof, shall be confined in a state correctional facility not less than two nor more than 10 years or fined not more than $5,000, or both fined and confined.

Phrase:

did unlawfully and intentionally make physical contact of an insulting or provoking nature with a family or household member, or did unlawfully and intentionally cause physical harm to a family or household member this being a third or subsequent violation of the provisions of W.Va. Code § 61-2-28(a) or W.Va. Code § 61-2-28(b) or a subsequent violation of W.Va. Code § 61-2-9 or W.Va. Code § 61-2-14g, where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, 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 or who has previously been granted a period of pretrial diversion pursuant to W.Va. Code § 61-11-22 for a violation of W.Va. Code § 61-2-28(a) or W.Va. Code § 61-2-28(b), or a violation of W.Va. Code § 61-2-9 or W.Va. Code § 61-2-14g(a) in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, 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, or any combination of convictions or diversions for these offenses and such offense occurred within 20 years of a prior conviction of any of these offenses

did unlawfully attempt to commit a violent injury against a family or household member, or did unlawfully commit an act that placed a family or household member in reasonable apprehension of immediately receiving a violent injury this being a third or subsequent violation of the provisions of W.Va. Code § 61-2-28(a) or W.Va. Code § 61-2-28(b) or a subsequent violation of W.Va. Code § 61-2-9 or W.Va. Code § 61-2-14g, where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, 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 or who has previously been granted a period of pretrial diversion pursuant to W.Va. Code § 61-11-22 for a violation of W.Va. Code § 61-2-28(a) or W.Va. Code § 61-2-28(b), or a violation of W.Va. Code § 61-2-9 or W.Va. Code § 61-2-14g(a) in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, 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, or any combination of convictions or diversions for these offenses and such offense occurred within 20 years of a prior conviction of any of these offenses

Modifiers

Alternative:

Conspiracy:

Drug:

Person:

Property:

Sex Offense:

Violent:

Weapon:

Penalties

Condition

Sentence Type


No data to display

Mandatory Penalty:

Mandatory Unit:

Minimum Time:

Min Time Unit:

Maximum Time:

Max Time Unit:

And Or Condition:

Minimum Fine:

Minimum Fine Unit:

Maximum Fine:

Maximum Fine Unit:

Alternative Sentence:

Alt Maximum:

Alt Max Sentence Unit:

Alt Minimum:

Alt Min Sentence Unit:

Offense Class:

NICSFP Flag:

Revisions

Charge Code1

Charge Name

Enacted

Effective Date

Date Replaced

Replacement Charge Code

Repealed

Active

Date Updated

Modify Date

61-2-28(d)

Domestic Assault or Domestic battery - 3rd or Subsequent Offense

03/10/2026

06/12/2026

True

07/06/2026

WVSP LiveScan

Off Code

NCIC Code

NIBRS Code

Offense

4237

1303

13A

DOMESTIC ASSAULT 3RD OFFENSE

4237

1313

13B

DOMESTIC ASSAULT 3RD OFFENSE

4240

1303

13A

DOMESTIC BATTERY 3RD OFFENSE

4240

1313

13B

DOMESTIC BATTERY 3RD OFFENSE

View Charge