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How to Attack an Unlawful Assault Charge in West Virginia Criminal Court

Frank C. Walker II Oct. 9, 2025

Being charged with assault in West Virginia can have serious consequences, including jail time, hefty fines, and a permanent criminal record. But just because you're facing an assault charge doesn’t mean you’re automatically guilty. Unlawful assault charges, whether they involve simple assault or aggravated assault, can often be challenged with the right defense strategy.

At Frank Walker Law, we understand that a criminal charge can be life-altering, and we are committed to providing you with a strong defense to protect your future. In this blog post, we’ll break down what constitutes unlawful assault, explain common defense strategies, and discuss how to fight back against an assault charge in West Virginia.

What Is Unlawful Assault in West Virginia?

Unlawful assault is a criminal charge that involves intentionally inflicting harm on another person. In West Virginia, assault can be classified as either simple assault or aggravated assault, with aggravated assault being a more serious offense due to the severity of the injuries or the use of a weapon.

  • Simple Assault: This charge involves intentionally causing bodily harm to someone else or attempting to do so. It is typically classified as a misdemeanor in West Virginia.

  • Aggravated Assault: This charge occurs when the injury caused to the victim is more severe, or a deadly weapon (like a gun, knife, or blunt object) is used in the attack. It’s a felony in West Virginia and carries much harsher penalties, including lengthy prison sentences.

In both cases, the prosecution must prove that you acted intentionally and without justification. If they cannot prove this beyond a reasonable doubt, the case may be dismissed or reduced.

Common Defenses to an Assault Charge in West Virginia

There are several legal defenses that can be used to challenge an assault charge in West Virginia. With the right approach, it’s possible to have the charges reduced or even dropped altogether. Here are some of the most common defenses:

1. Self-Defense

One of the most effective defenses against an assault charge is self-defense. Under West Virginia law, you have the right to protect yourself if you reasonably believe you are in imminent danger of harm. In a situation where you’re attacked, you may use reasonable force to protect yourself from injury.

However, for a self-defense argument to be valid, the following factors need to be present:

  • You must have been in reasonable fear of immediate harm.

  • Your response to the threat must have been proportional to the threat faced. For example, using deadly force in response to a minor push may not be justified.

  • You may not have initiated the conflict or been the aggressor.

If your actions were in response to a threat, your attorney can present evidence to show that your actions were justified under the circumstances.

2. Lack of Intent

Assault charges require that the defendant intended to cause harm. If there was no intent to cause harm—either because it was an accident or a misunderstanding—this can be an effective defense.

For example, if you accidentally struck someone in a physical altercation or were engaged in horseplay that went too far, you might argue that the assault was not intentional. Demonstrating a lack of intent can reduce the severity of the charges or lead to acquittal.

3. False Allegations

Unfortunately, not all assault charges are based on truth. Sometimes, individuals may make false accusations due to personal animosity, a misunderstanding, or an attempt to get back at someone.

If you can provide evidence that the allegations are false—such as witness testimony, video footage, or a lack of physical evidence—your attorney can argue that the charge should be dropped. False accusations are often hard to disprove, but with the help of a skilled attorney, you can challenge the credibility of the alleged victim’s story.

4. Consent

In certain cases, the alleged victim may have consented to the actions that led to the charge. This is often relevant in cases involving physical confrontations or certain types of contact sports. For example, if you were involved in a physical fight where both parties consented to engage in physical combat, you may have a valid defense.

However, consent is not valid in all situations, especially if there was a significant power imbalance or the conduct escalated beyond what was initially agreed upon. Your attorney will review the facts of the case to determine if consent can be used as a defense.

5. Lack of Evidence

Sometimes the prosecution simply does not have enough evidence to prove their case. In a criminal trial, the burden of proof is on the prosecution, and they must prove your guilt beyond a reasonable doubt.

If the prosecution lacks sufficient evidence, such as physical injuries, eyewitness testimony, or a credible timeline of events, your attorney can file a motion to dismiss the case or argue for reasonable doubt. If the evidence is weak or unreliable, there’s a good chance the charges will not stand up in court.

Steps to Take If You’ve Been Charged with Unlawful Assault in West Virginia

If you’ve been charged with assault in West Virginia, here’s what you need to do to protect your rights and fight the charges:

1. Contact an Experienced Criminal Defense Attorney

The first and most important step you can take is to contact an experienced criminal defense attorney. Assault charges can have serious consequences, and having the right attorney on your side can make all the difference. At Frank Walker Law, we have extensive experience handling assault cases in West Virginia, and we will work tirelessly to build a strong defense for you.

2. Gather Evidence and Documentation

Your attorney will help you gather any available evidence to support your defense. This may include:

  • Witness statements that can corroborate your version of events.

  • Surveillance footage or photos of the scene.

  • Medical records that show the severity of the injuries, or lack thereof, and whether the injuries were consistent with your defense.

  • Police reports and other documentation that might show inconsistencies in the prosecution’s case.

3. Challenge the Prosecution’s Evidence

Your attorney will scrutinize the evidence against you to identify any weaknesses or inconsistencies. If the prosecution’s case is weak or the evidence is flawed, your attorney may file motions to suppress certain evidence or request the case be dismissed.

4. Negotiate for a Reduced Charge or Plea Agreement

In some cases, it may be in your best interest to negotiate a plea agreement. This could involve pleading guilty to a lesser charge in exchange for a lighter sentence. Your attorney will advise you on whether a plea agreement is the right option based on the facts of your case and the potential consequences.

How Frank Walker Law Can Help You Fight Unlawful Assault Charges

At Frank Walker Law, we believe in fighting aggressively for your rights. Assault charges in West Virginia can carry severe consequences, but with the right defense strategy, you can minimize or even eliminate these charges.

We will:

  • Evaluate the evidence against you and identify any weaknesses in the prosecution’s case.

  • Present a strong defense, including self-defense, lack of intent, or false allegations.

  • Challenge the charges and fight for a reduction or dismissal whenever possible.

  • Negotiate with prosecutors to secure the best possible outcome for your case.

If you’re facing an unlawful assault charge in West Virginia, don’t wait to get the legal help you need. Contact Frank Walker Law today for a free consultation. We’ll fight to protect your rights and help you secure the best possible outcome in your case.

Call us or schedule your consultation online. Let us be your voice in the courtroom.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.