A Former Prosecutor Defending Clients in Wyoming and South Dakota

Is Assault and Battery a Felony in Wyoming?

If you have been charged with assault in Wyoming, there is a chance you could spend time in prison and have a felony conviction on your criminal record for the rest of your life.

An experienced Wyoming criminal defense attorney can help you understand the charges against you and help minimize the penalties you might be facing.

What to Do If You’ve Been Charged with Assault and Battery in Wyoming

Assault and battery charges often come as a surprise. What started as a simple argument quickly escalated and in an instant a person does something that results in the police being called.

When people are charged with assault and battery, their first reaction is often to try to talk their way out of it.

This rarely works.

Once a police officer has decided to make an arrest, he or she believes there is enough evidence to sustain the charge. The officer will not change their mind, especially at the scene of the alleged crime.

The best thing to do is cooperate, and say nothing.

Instead of trying to talk your way out if, spend time recounting to yourself the events that led to the arrest. The more details you can remember, the more helpful they will be to your attorney.

Remember that an assault charge is different from a conviction. Many things can and will take place between the arrest and a final judgment in the case. Once you have been charged with assault and battery, call a lawyer. The sooner an attorney is able to hear your side of the case, the sooner she can get to work defending you.

Depending on the Severity of the Injuries, Assault May be a Felony or a Misdemeanor

Wyoming assault and battery penalties vary based on the seriousness of the offense.

Simple assault in Wyoming is the unlawful attempt to cause bodily injury to another person using physical force. (Wyo. Stat. Ann. 6-2-501(a)). It is a misdemeanor, and a conviction carries a fine of up to $75.

Simple battery occurs when a person intentionally, knowingly, or recklessly causing bodily injury to another by physical force. (Wyo. Stat. Ann 6-2-501(b)). A conviction for simple batterycan result in up to 6 months in prison, a fine of up to $750, or both.

Assault and battery charges in Wyoming are usually misdemeanors when they involve minor injuries like a cuts, scrapes, or bruises.

However, if the victim sustains serious bodily injuries, such as a broken bone, disfigurement, loss of a limb, or injuries requiring surgery or extensive hospitalization, the crime is often charged as an Aggravated Assault, which is a felony.

The most serious of assault crimes, aggravated assault and battery, involves intentionally touching someone in an angry manner, or the intentional use of force against another person. Aggravated assault and battery is a felony that carries a sentence of up to 10 years in prison.

Defense to a Charge of Assault and Battery

Defending an assault charge is very case-specific. Every case presents a unique set of facts and circumstances. You need a Wyoming criminal defense lawyer who will take the time to analyze your unique situation, and vigorously defend your rights.

Defenses to a charge of aggravated assault and battery in Wyoming 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

good criminal defense lawyer will review the police report and any witness statements for inconsistencies. Often, these inconsistencies become the basis for your defense. Also, the lack of a 911 call or photographs of any alleged injuries can be used in your defense.

Depending on your case, your criminal defense lawyer might be able to negotiate a plea bargain that will reduce your felony level aggravated assault and battery charge to a lesser offense. You might also be able to avoid going to prison.

Other Assault and Battery Crimes

Assault with a deadly weapon is a felony regardless of the actual injuries caused to a person.

Battery against a police officer involves causing injury to law enforcement personnel and is treated as a very serious crime.

If you have been charged with assault and battery in Wyoming, contact a Wyoming criminal defense attorney right away.

The Law Office of Christina L. Williams Vigorously Defense People Accused of Assault and Battery

At The Law Office of Christina L. Williams, my team of criminal defense professionals is here to aggressively defend your rights and protect your one shot at justice.

I am a former prosecutor and have been practicing law since 2001. Contact a member of my team today 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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