Criminal Charges When a Spouse Points a Gun at You

Attorney Answer

Yes. Holding a gun in your face is a crime in West Virginia, and on these facts it can be charged as a felony — his explanation that he was "just trying to scare" you is not a defense to it.

One correction on wording first, because it changes what you actually do: in West Virginia you do not "press charges." You report what happened and give a statement, and the prosecutor decides what to charge. That is good news here, because it means the decision does not rest on you having to confront him.

The governing law

W. Va. Code § 61-7-12 provides that "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." The penalty is one to five years in a state correctional facility, or in the court's discretion up to one year in the county jail, or a fine of $250 to $2,500, or both. Read the elements closely: the statute asks whether the act was wanton and whether it created a substantial risk of death or serious bodily injury. It does not ask whether he intended to pull the trigger. "I only wanted to scare her" describes the act, it does not excuse it.

W. Va. Code § 61-2-28 adds separate misdemeanor charges that can be brought alongside. Domestic battery is unlawfully and intentionally making physical contact of an insulting or provoking nature with, or causing physical harm to, a family or household member. Domestic assault is unlawfully attempting to commit a violent injury against a family or household member, or committing an act placing that person in reasonable apprehension of immediately receiving a violent injury. "Family or household member" is defined by reference to § 48-27-204, and a spouse is squarely within it. Because you describe being abused as well as having the gun held to your face, both the physical contact and the threat may support charges.

So the realistic picture is a felony wanton endangerment charge under § 61-7-12 with misdemeanor domestic counts under § 61-2-28 alongside it.

What you can do

1. If you are in danger right now, call 911. Everything else on this list waits. 2. Report the incident to law enforcement or go to the magistrate's office and give a statement. Write down the report number. 3. Ask the magistrate clerk about a domestic violence protective order. You can seek one without a criminal charge being filed, and its terms can address contact and firearms. 4. Preserve evidence today: photograph any marks or injuries, save texts and voicemails, and write down the date, time, room, exactly what he said, and where the gun was pointed. 5. Write down the name and number of anyone who saw or heard it, or who you told afterward. 6. Make a safety plan before he learns you reported — where you will go, who has a key, what you take with you, and who knows the plan. Local domestic violence advocates do this with people every day and it costs nothing.