Three Strikes and Habitual Offender Laws in West Virginia

West Virginia's recidivist law covers a list of about 90 'qualifying offenses' (for example murder, robbery, burglary, grand larceny, sexual assault, felony drug delivery, third-offense DUI). On conviction of a qualifying offense with one prior conviction punishable by prison, the court adds five years to a definite sentence (or doubles the minimum of an indeterminate sentence). With two prior convictions for offenses with the same or substantially similar elements as a qualifying offense, the sentence is life in prison; prior convictions from the same transaction count as one, and the most recent prior is not counted if more than 20 years passed between release or end of supervision and the new conduct. A person convicted of first or second degree murder or first degree sexual assault who has a prior conviction for one of those offenses gets life without parole eligibility.