A Former Prosecutor Defending Clients in Wyoming and South Dakota

Your Defense Against Wyoming Assault & Battery Charges

Many people believe that “assault and battery” is one crime. In fact, criminal battery is technically separate and distinct from assault. However, because an assault often precedes a battery, people are often charged with both.

What is Assault and Battery in Wyoming?

In Wyoming, “A person is guilty of simple assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another.” WY Stat §6-2-501. The key distinction in a charge of simple assault is that the defendant attempted to injure another person. Therefore, a person can be charged with and convicted of assault without ever laying a hand on another person.

Criminal battery is essentially a completed assault, and occurs when “A person…intentionally, knowingly or recklessly causes bodily injury to another person by use of physical force.”

Criminal assault in Wyoming is a misdemeanor punishable by a fine of up to $750.

Battery is also a misdemeanor and is punishable by up to 6 months in prison and a fine of up to $750.

Aggravated assault and battery occurs when a person:

  • Causes or attempts to cause serious bodily injury to another intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
  • Attempts to cause, or intentionally or knowingly causes bodily injury to another with a deadly weapon;
  • Threatens to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another; or
  • Intentionally, knowingly or recklessly causes bodily injury to a woman whom he knows is pregnant. WY Stat §6-2-502.

Aggravated assault and battery is a felony punishable by up to 10 years in prison.

For purposes of a charge of assault and battery, a deadly weapon is anything that can be used in a way that is likely to cause death or great bodily harm. Examples of a deadly weapon include a pocket knife, a beer bottle, or a car driven towards a person with the intent to make contact.

Defenses to Wyoming Assault and Battery Charges

In order to secure a conviction for assault and battery, a Wyoming prosecutor must prove each element of the crime beyond a reasonable doubt.

In the hands of a skilled and experienced Wyoming criminal defense attorney, an assault and battery charge is highly defensible. Depending on the specific circumstances of your case, defenses may include:

  • Self-defense or defense of others
  • Defense of property
  • No intent to threaten the victim
  • No ability to carry out the alleged threat
  • Circumstances indicating the threat was not imminent
  • No well-founded fear on the part of the victim
  • Provocation
  • Vague threats without an overt act
  • Conditional threats
  • Factual dispute as to whether the conduct was threatening in nature
  • False allegations

A Conviction for Assault or Battery Can Have Lifelong Consequences

If you are convicted of assault and battery, the conviction will become part of your permanent criminal record, and can have a serious impact on your life and your future. You may have difficulty finding a job, renting a house or apartment, or getting loans or scholarships for school.

A felony conviction can result in the loss of your right to vote, make you ineligible to hold public office or serve as a juror, and you could lose your right to or own or carry firearms. A conviction might also mean the loss of a professional license or certification.

Facing Assault Charges? Contact an Experienced Wyoming Criminal Defense Attorney Today

If you are facing Wyoming criminal charges for assault and battery, it’s important that you hire a team of skilled and experienced criminal defense professionals. At The Law Office of Christina L. Williams, my defense team and I will aggressively defend your freedom and protect your rights.

If you or someone you love is facing an assault charge, contact The Law Office of Christina L. Williamstoday. I am a former prosecutor and have been practicing law since 2001. Contact a member of my team by calling 307-686-6556, emailing office@wyocriminallaw.com, or complete our online form.

You have one chance at justice. Don’t leave it to chance.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.

Categories: Assault & Battery

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