Any person who wantonly performs any act with a firearm which creates a substantial risk of death or serious bodily injury to another shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary for a definite term of years of not less than one year nor more than five years, or, in the discretion of the court, confined in the county jail for not more than one year, or fined not less than $250 nor more than $2,500, or both.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In West Virginia Code 61-7-12

  • Conviction: A judgement of guilt against a criminal defendant.
  • Firearm: means any weapon which will expel a projectile by action of an explosion: Provided, That it does not mean an antique firearm as defined in subdivision (1) of this subsection except for the purposes of §. See West Virginia Code 61-7-2

For purposes of this section, the term “firearm” shall have the same meaning ascribed to such term as set forth in section two of this article.