As early as 1971, West Virginia's crime rate was the lowest in the nation, at 1,401.4 crimes per 100,000 people (FBI Uniform Crime Reports). Although the national crime rate peaked in 1980 and has since fallen substantially, West Virginia still had the lowest rate in the nation until 1998. That year, the state reached 2,547.2 crimes per 100,000 people, second lowest in the nation. Between 1998 and 2010, the rate steadily increased to 3,037 crimes per 100,000 people. West Virginia's crime rate turned downward again after 2010, decreasing significantly to 2,394 crimes per 100,000 people in 2013. Violent crime decreased by 9.5 percent and property crime decreased by 12.2 percent in one year (2012 to 2013).

By 2024, total crimes in West Virginia had decreased to 1,410.7 per 100,000 per people: violent crimes comprised 248.8, lower than the national rate of 359.1, and nonviolent crimes comprised 1,161.9, versus the national rate of 1,760. The vast majority of crimes (82%) are nonviolent. Based on reported crimes, the state’s safest cities are Bramwell, Blacksville, Bergoo, Birch River, Glen Fork, Bayard, Green Bank, Bartley, Apple Grove, and Brandywine.

Despite the brief crime spike in the early 2000s, West Virginia remains among the very safest places to live and raise a family, especially in the southeastern United States. West Virginia's historically low crime rate is generally attributed to the rural nature of the state. Based on the 2020 census, 64 percent of West Virginians lived in a rural jurisdiction as compared to about 20 percent of the population nationwide. Other elements, including population density, age demographics, the mobility of the population, the jurisdiction's infrastructure, economic conditions, cultural factors, and the degree of support for law enforcement also contribute to the absence or presence of crime in a community. Certainly, West Virginia's high average age and low population density are among the factors contributing to the state’s relatively low crime rate.

From 1961 until the mid-2010s, nearly 90 percent of West Virginia crimes were nonviolent. However, since that time, that number has decreased to 83 percent. Aggravated assaults comprise 79% of all violent crimes. Robberies make up only six percent, compared to 19 percent nationally. Murder and non-negligent manslaughter, the least frequent crime in West Virginia, had been on the decline, from a peak of 7.4 per 100,000 in 1975, to 3.3 in 2013, to 1.8 in 2021. However, that number jumped up to 5.3 in 2024, higher than the national average of 5.0 and the 20th highest rate in the nation.

West Virginia’s prison population more than doubled between 2000 and 2009—the fastest growth in the nation—peaking at 7,095 in 2016 before falling to 5,837 in 2024, the lowest since 2006. Despite the decline, inmate deaths and severe understaffing remained major issues. To address overcrowding, the state passed the Justice Reinvestment Act in 2013, focusing on reducing recidivism and expanding community substance abuse treatment; by 2020, the state’s incarceration rate ranking rose from 22nd lowest to 31st.

Staffing shortages worsened during the COVID-19 pandemic. By late 2023, prisons had nearly 1,000 vacancies (28%), including 750 uniformed officer positions (33%), with some facilities exceeding 40%. In August 2022, Governor Jim Justice declared a state of emergency in the jails, mobilized the National Guard to assist in prisons, and pushed for pay increases and incentives. Legislators later approved raises and bonuses for corrections officers in 2023. The National Guard deployment ended in May 2024, and by the end of that year, vacancies had fallen to seven percent, dropping further to about 410 positions by July 2025. The prison system, however, still faces a systemic prisoner overcrowding problem both in terms of staffing and facilities.