Criminal offenses under state and federal laws are generally categorized by the seriousness of the crime as felonies (more serious) or misdemeanors (less serious). Felonies are offenses that generally may result in prison sentences of more than one year, and misdemeanors carry sentences of one year or less. The United States Congress sets the penalties for all federal criminal offenses, and thus decides which criminal offenses are felonies and which are misdemeanors. And the state legislature in each state decides which criminal offenses are felonies and which are misdemeanors under state law.
In West Virginia (WV), as in other states, criminal offenses are classified into felonies and misdemeanors based on the severity of the crime. Felonies are considered more serious and typically carry potential prison sentences of more than one year. Misdemeanors are less serious offenses, with maximum sentences of one year or less, often served in a county jail instead of a state prison. The West Virginia state legislature determines the classification of state offenses and the corresponding penalties. For federal offenses, the classification and penalties are established by the United States Congress. It is important to note that some crimes may be considered a misdemeanor under state law but a felony under federal law, or vice versa, depending on the specific statutes and regulations governing the offense.