WEST VIRGINIA CODE
WVC 15 - 1 E- 56
§15-1E-56. Maximum limits.
(a) The punishment which a court-martial may direct for an
offense may not exceed such limits as prescribed by this article,
but in no instance may a sentence exceed more than ten years for a
military offense, nor shall a sentence of death be adjudged. A
conviction by general court-martial of any military offense for
which an accused may receive a sentence of confinement for more
than one year is a felony offense. Except for convictions by a
summary court-martial, all other military offenses are
misdemeanors. Any conviction by a summary court-martial is not a
criminal conviction.
(b) The limits of punishment for violations of the punitive
articles prescribed herein shall be lesser of the sentences
prescribed by the manual for courts-martial of the United States in
effect on January 1, 2004, and the state manual for courts-martial,
but in no instance shall any punishment exceed that authorized by
this article.
Note: WV Code updated with legislation passed through the 2012 1st Special Session