Federal Assault Sentences in the Northern District of West Virginia, FY2016–2025
In the Northern District of West Virginia, 48 people were sentenced for assault offenses in fiscal years 2016 to 2025. The median prison term was 24 months, lower than the 42 months across all 94 federal districts. In 83% of these cases (39 of 47), the sentence was below the guideline range at the g
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Trends › Federal Prosecution Analysis › Federal Sentences in the Northern District of West Virginia, › Assault: Northern District of West Virginia
In brief: In the Northern District of West Virginia, 48 people were sentenced for assault offenses in fiscal years 2016 to 2025. The median prison term was 24 months, lower than the 42 months across all 94 federal districts. In 83% of these cases (39 of 47), the sentence was below the guideline range at the government's request.
This post uses the U.S. Sentencing Commission's records of 48 people sentenced in federal court in fiscal years 2016 to 2025. Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Sentences Below the Guideline Range at the Government's Request
The most distinctive number in this district's assault cases is the position of the sentence against the guideline range. Of the 47 people with that information recorded, 39 (83%) were sentenced below the range at the government's request. Another 5 (11%) were sentenced within the range, and 3 (6%) were sentenced below the range without a government request. None were sentenced above the range.
For all offenses in this district, 57% of sentences were within the guideline range. For assault cases across all 94 federal districts, the figure was 48%. Assault cases in this district were within the range less often than either group.
The guideline range is the sentencing range calculated under the federal sentencing guidelines. A sentence below the range at the government's request means a prosecutor asked the court to go below it. The records show how often this happened. They do not show the reasons in any case.
How Many People Were Sentenced and What Terms They Received
The U.S. Sentencing Commission counted 48 people in this offense type, which it labels "Assault." This is the Commission's category, and it groups cases by the primary guideline used at sentencing. These cases were 2% of the 2,879 people sentenced in the district over fiscal years 2016 to 2025.
Of the 48 people, 47 (98%) received a prison term, and 1 (2%) received probation only. Among those sent to prison, the median prison term was 24 months (2 years). A quarter received 24 months or more, and a quarter received 18 months or less.
Across all 94 districts, 90% of people sentenced for assault went to prison, and the median prison term was 42 months. In this district, a larger share went to prison, and the median term was lower.
Which Guidelines Applied
The most common primary guideline was §2A2.2 (Aggravated Assault), used in 26 cases. 2 cases used §2A2.3 (Assault). One used §2A2.1 (Assault with Intent to Commit Murder), and 1 used §2X3.1 (Accessory After the Fact).
The Commission's data does not describe the facts of individual cases. The guideline title is the only description of the conduct that these records provide.
Guilty Pleas and the One Trial
Of the 48 people, 47 (98%) pleaded guilty, and 1 was convicted after a trial. The guilty plea rate for all offenses in the district was also 98%. Across all districts, 93% of assault cases ended in a guilty plea.
Among guilty pleas, 96% had a written plea agreement, and 4% were straight pleas with no agreement. The median prison term after a guilty plea was 24 months. The median after the trial was 70 months, but that figure rests on a single person, so it cannot be compared with the plea figure in any meaningful way.
A mandatory minimum prison term applied to 0 of the 47 people with that information recorded.
After Prison and Other Penalties
Of the 48 people, 8 (17%) were ordered to serve supervised release after prison, with a median term of 36 months. A fine was ordered for 0 people. Restitution was ordered for 3 (6%).
The records also show criminal history. Of the people in these cases, 4% were in the lowest criminal history category I, and 43% were in the highest, category VI.
Counts by Fiscal Year
The district had 22 assault sentencings in fiscal years 2016 to 2019 and 26 in fiscal years 2020 to 2025. Individual years are small. Fiscal year 2021 had the most, with 10 people, and fiscal years 2023 and 2024 had 1 each.
With counts this small, one case can change a yearly median, so the yearly table is not a reliable guide to a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 8 | 18 months | 7 of 8 |
| 2017 | 7 | 22 months | 7 of 7 |
| 2018 | 5 | 24 months | 5 of 5 |
| 2019 | 2 | 12.7 months | 2 of 2 |
| 2020 | 4 | 12 months | 4 of 4 |
| 2021 | 10 | 24 months | 100% |
| 2022 | 4 | 24 months | 4 of 4 |
| 2023 | 1 | 24 months | 1 of 1 |
| 2024 | 1 | 51 months | 1 of 1 |
| 2025 | 6 | 24 months | 6 of 6 |
What These Records Cannot Show
The data counts only people who were convicted and sentenced. Acquittals and dismissals are not in it. Prison terms are the terms imposed, not time served.
The records do not explain why the sentences were below the range this often. They also do not show the facts of any case, so the numbers describe the group as a whole.
How We Counted
Everyone sentenced in federal court in the Northern District of West Virginia (U.S. Sentencing Commission district label "W Virginia North") in fiscal years 2016 to 2025 whose offense type was "Assault" (48). Offense types are the Commission's OFFGUIDE categories.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Sentences in the Northern District of West Virginia, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Prison Offense Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.