Felonies Archives

Alleged terroristic threats result in arrest of W. Va. student

Both law enforcement and school authorities in West Virginia take terroristic threats very seriously. It does not matter whether or not the person making the threat was in earnest or had any intent to carry it out. In the interest of keeping all students safe, school administrators will work with law enforcement to ensure that a thorough investigation of all potential threats takes place and that authorities respond swiftly and appropriately. 

Understanding the concept of "corruption of blood"

If you have a felony conviction on your public record, then you do not need to be told about the consequences you may face even after you have satisfied the demands of justice in Wheeling. An expungement can help get over the stigma associated with a criminal conviction, but often, even those clients that we here at the Scott C. Brown Law Office have helped to secure this benefit must still deal with certain social consequences. The question then becomes how far do those consequences go.

Can you be convicted of attempted felony-murder?

West Virginia is one of many states that has the “felony-murder rule.” You may already know that intentionally killing another can rise to the level of first-degree murder. What is lesser known is that the felony-murder rule allows a first-degree murder conviction when the perpetrator did not intend to kill anyone. The statute outlines how this works. Basically, if someone is killed while one of the delineated felonies is being carried out, the person committing the felonies can be charged with first-degree murder even though he or she did not intend for the death to occur. The question then arises of whether someone can be convicted of attempted felony-murder under the rule when nobody died.  

How does incapacity affect ability to consent to intercourse?

Rape, or nonconsensual sexual intercourse, can be a serious felony in West Virginia. While you may know that physically forcing someone to have sex lacks consent, it is less widely understood how incapacity renders someone unable to consent. RAINN has comprehensive information about incapacity and inability to consent in West Virginia.

Understanding terrorist threats in West Virginia

In May of this year, a student at West Virginia University was arrested for threatening to enact a shooting spree at the school. According to CNN, the person privy to these comments alerted the police, who then arrested the student after an investigation led them to believe that the threat was legitimate. The student was incarcerated despite the fact that no guns or other weapons were found in his dorm room or on his person. 

Why is it easy for petty cash theft to occur?

Not all company funds are kept in a checking account. At times, an employer may keep a small supply of cash on hand for simple, quick purchases. While having cash available can be convenient, there is the chance that a worker might steal some of the money, gambling that the employer will overlook a few missing dollars. There are a number of reasons why petty cash theft can easily happen to a West Virginia business.

Robbery is a wobbler charge

As is the case in many states, for an individual to face the criminal charge of robbery in West Virginia, typically a victim is present. When no person is present, the offense is technically a burglary. However, several factors determine whether the crime is a felony or a misdemeanor.

An overview of West Virginia's sex offender registry

Anyone who has been charged with a sex offense in West Virginia will want to learn about the potential consequences of the charges they face. One of the consequences may be the requirement to register as a sex offender. The West Virginia Code explains that a person may be required to register for 10 years or for life depending on the details of their case.

Is mail fraud a federal crime?

In West Virginia, mail-related crimes are treated seriously regardless of what carrier was used by the perpetrator or what fraudulent act was committed. But just how are crimes of mail fraud treated in court? What are the potential consequences you could end up facing if you are convicted of a mail fraud charge?

Future uncertain after mistrial in murder case

People who live in West Virginia and hear about defendants being put on trial for serious crimes such as rape or murder may often wonder what type of chance those defendants really have at getting fair treatment or consideration by juries. In some cases, media stories and reports seem to make it feel all but impossible that a defendant will be found guilty of the charges against them. A recent case in Kanawha County, however, illustrates that this is not always the case. 

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