If you've been served with divorce papers in West Virginia, take the right steps to protect your rights. Learn what to do next and how John J. Balenovich Law Offices, LC in Charleston can assist with your case.

Have you ever heard someone talk about "assault and battery" like they're the same thing? In West Virginia, they are two separate crimes. While they're often linked, there's a key difference: physical contact. Think of it this way: Assault is like threatening to hurt someone. It's the attempt to cause harm, and it makes the other person reasonably afraid that you're about to hurt them. No touching is required for it to be assault. Battery is actually touching someone in a harmful or offensive way. It doesn't have to be a serious injury; even unwanted touching, like a shove or a slap, can count as battery. So, the big question is: did the person actually touch the other person? Yes? Then it could be battery. No? Then it could be assault. It's important to understand the difference because assault and battery have different consequences. They're both serious, but battery usually carries harsher penalties because it involves actual physical contact. Assault: West Virginia Code §61-2-9(b) defines assault as any person (1) who unlawfully attempts to commit a violent injury to the person of another or (2) unlawfully commits an act that places another person in “reasonable apprehension of immediately receiving a violent injury.” In other words, a person can commit assault two different ways: (1) "attempt[ing] to use physical force capable of causing physical pain or injury" or (2) "unlawfully commit[ting] an act that places another in reasonable apprehension of immediately suffering physical pain or injury." State v. Henning, 238 W. Va. 193, 198, 793 S.E.2d 843, 848 (2016). Assault is defined as an act that creates a reasonable apprehension of imminent harmful or offensive contact in another person. It is crucial to understand that physical contact is not a necessary element of assault. The offense lies in the creation of a reasonable fear of such contact. This apprehension must be objectively reasonable, considering the totality of the circumstances. The conduct of the alleged assailant, whether consisting of physical actions or verbal threats, must be such that it would induce a genuine fear of imminent harm or offensive touching in a reasonable person. Assault can be committed through: Verbal Threats: Threatening language and menacing gestures can suffice if they reasonably convey an intent to inflict harm. EXAMPLE: You've circled the parking lot for what feels like forever, finally spotting a space. You signal, patiently waiting for the car to pull out, and then… bam! Some other car—let's say it's a bright red convertible—speeds in and snags the spot you were about to take. Frustration boils over. You get out of your car, fuming. The driver of the red convertible is still inside, probably oblivious to your simmering rage. You march over to their car, and now, here's where things can cross the line into assault: You start yelling. "Hey! That was my spot! I was here first!" Your voice is loud and aggressive. But it doesn't stop there. You clench your fists, raising one in the air, shaking it in the direction of the other driver. You continue your verbal tirade, "I'm going to beat you up for that!" Your face is red, you're pacing back and forth, and you're making it very clear that you're ready to rumble. In this scenario, even though you didn't actually touch the other driver, your words and actions could be enough to constitute assault. Why? Because a reasonable person in the other driver's place would likely feel genuinely afraid that you were about to physically attack them. Your raised fist, the aggressive yelling, and the explicit threat of violence all contribute to creating that atmosphere of fear. It's not just about being angry; it's about creating a situation where the other person reasonably believes they are in imminent danger of physical harm. That's the key element of assault. Overt Actions: Actions such as raising a fist, displaying a weapon, or other aggressive behaviors that create a reasonable fear of imminent physical violence constitute assault. EXAMPLE: It’s 9:00 p.m. on a Monday night during the fall. You head out to the local bar to watch the game. You're enjoying the broadcast, passionately cheering for your favorite team. Suddenly, a loudmouth at the end of the bar starts hurling insults at your team, and by extension, at you. He's getting louder and more obnoxious with each passing minute, his words laced with sarcasm and disdain. Your blood starts to boil. Finally, you can't take it anymore. Fueled by a mix of anger and misplaced loyalty, you decide to confront him. You storm down to the end of the bar, your face flushed, and you exchange heated words with the heckler. He continues his taunts, now directing them personally at you. That's the tipping point. In a fit of rage, you wind up and take a swing at him. It's a wild swing, fueled more by emotion than skill. He sees it coming at the last second and ducks just in time. Your fist whizzes past his face, missing him completely. No physical contact is made. Even though your fist didn't connect, your actions could still constitute assault. Why? Because your aggressive behavior – the heated argument, the sudden swing, the clear intent to strike him – likely created a reasonable fear of imminent harmful contact in the other person. He reasonably believed he was about to be physically struck. The fact that you missed doesn't negate the assault; the crime lies in the creation of that reasonable fear. It's not about whether you landed the punch, but about whether your actions made him genuinely afraid that you were about to. CRIMINAL PENALTY: Simple assault in West Virginia is a misdemeanor, punishable by up to six months in the county jail, a fine not exceeding $100.00, or both the fine and the jail time. 

Understanding the Consequences of Being Convicted on Battery Charges in West Virginia

Navigating Child Custody Laws in West Virginia

Learn how you can have a DUI expunged from your record in West Virginia. Understand the legal process, qualifications, and how an experienced attorney can assist you in clearing your record and moving forward with confidence. Discover expert tips from John J. Balenovich Law Offices, LC.

Domestic violence is a serious issue that affects countless individuals and families in West Virginia. If you have been accused of domestic violence, it is crucial to seek legal representation from an experienced attorney who can help protect your rights and ensure a fair trial. In this blog post, we will discuss the importance of hiring a domestic violence defense attorney in West Virginia and how they can assist you in navigating the legal system.  When facing charges of domestic violence, it is essential to have a knowledgeable attorney on your side who understands the complexities of these cases. A domestic violence defense attorney in West Virginia will be well-versed in state laws and procedures related to domestic violence cases, allowing them to provide you with expert legal advice and guidance throughout the entire process. They will work tirelessly to build a strong defense on your behalf, challenging evidence presented against you and advocating for your innocence. One of the key benefits of hiring a domestic violence defense attorney is their ability to negotiate with prosecutors on your behalf. They can work to potentially reduce charges or penalties, or even get the case dismissed altogether if there are inconsistencies or lack of evidence. Having an attorney by your side can significantly increase your chances of obtaining a favorable outcome in court and avoiding severe consequences such as jail time or restraining orders. In addition to representing you in court, a domestic violence defense attorney can also provide emotional support during this difficult time. Being accused of domestic violence can be incredibly stressful and isolating, but having an experienced professional on your side who genuinely cares about your well-being can make all the difference. They will listen to your concerns, answer any questions you may have, and offer reassurance throughout the legal process. Furthermore, a skilled domestic violence defense attorney will conduct a thorough investigation into the allegations against you, gathering evidence and witness statements that support your case. They will challenge any inconsistencies or false accusations made by the other party and fight tirelessly to protect your reputation and future. By enlisting the help of an attorney who specializes in domestic violence cases, you are taking proactive steps towards defending yourself against these serious charges. If you are facing charges of domestic violence in West Virginia, do not hesitate to reach out to a reputable defense attorney who can help safeguard your rights and freedom. With their expertise and dedication to securing positive outcomes for their clients, you can rest assured that you are in good hands throughout this challenging time. Remember that everyone deserves fair representation under the law, so do not delay in seeking legal counsel if you find yourself embroiled in a domestic violence case. Your future may depend on it.

Understanding Misdemeanors in West Virginia

Divorce can be a messy situation, especially when there are children involved. It's not uncommon for one or both parties to feel hurt, angry, or resentful towards each other. Unfortunately, this can lead to conflicts over visitation rights and alimony payments. Many people wonder if they still have to pay alimony if their ex won't allow them to see their kids or if they can stop paying child support if their ex stops visitations. In this post, we'll explore these questions and provide some guidance on how an attorney can help. Firstly, it's important to understand that visitation rights and alimony payments are separate issues in the eyes of the law. If you're ordered to pay alimony by the court, you must continue doing so until the order expires or is modified. Failing to make these payments could result in legal consequences such as wage garnishments or even jail time. Now, if your ex is denying visitation rights without just cause, you may be able to file a motion with the court requesting enforcement of the agreement. Keep in mind that this process can take time, but it's crucial to show that you're making an effort to maintain a relationship with your children. Secondly, child support and visitation rights are also two separate issues. Even if your ex denies visitations altogether, this doesn't mean you're off the hook for child support payments. The court considers these matters independently because it's believed that children should not bear the financial burden of a broken relationship between parents. Therefore, it's essential to continue making child support payments as ordered by the court.  Thirdly, if your ex refuses your visitations without any valid reason (e.g., safety concerns), you may want to consider seeking legal assistance from an attorney who specializes in family law matters. Your attorney can help you file a motion with the court requesting enforcement of visitation rights. Additionally, they can also advise you on how to modify your visitation agreement to better suit your needs. Fourthly, an attorney can also assist you in modifying your alimony payments if there's been a significant change in circumstances. For example, if you've lost your job or experienced a significant decrease in income, your attorney can help you request a reduction in alimony payments. However, keep in mind that this is not an easy process and requires solid evidence to support your claim. Lastly, it's essential to keep communication channels open with your ex as much as possible. While it may be challenging to do so, it's crucial for all parties involved, especially the children. Try to work out visitation schedules that are realistic and fair for both parents and try to avoid conflict whenever possible. In conclusion, visitation rights and alimony payments are two separate issues that should be dealt with accordingly. If your ex denies visitations without just cause or refuses to comply with court orders, seek legal assistance from an attorney who specializes in family law matters. Remember that child support payments must continue regardless of visitation rights. Communication is key when dealing with these matters; try to work out solutions that benefit everyone involved while keeping the best interests of the children at heart.

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