Theft Defense

Wyoming Burglary Defense Attorney

Burglary in Wyoming is a felony regardless of whether anything was actually taken. If you walk through an open door with the intent to commit a crime inside, you can be charged with a felony. The intent part of burglary is what makes it both serious and justifiable.

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    Home » Criminal Defense » Property Crimes » Burglary

    What Wyoming’s Burglary Law Actually Requires

    According to Wyo. Stat. § 6-3-301, burglary happens when someone enters or stays in a building, vehicle, or enclosed space without permission and plans to commit a crime there. It is not necessary for the intended crime to be completed; the combination of unlawful entry and criminal intent suffices. You don’t have to break in; an open door or window is enough. And “staying in” a place after permission has been taken away can also meet the entry requirement.

    The intent part of a burglary charge is the most important legally and the most open to debate. What did you really plan to do inside? The prosecution has to show that you meant to commit a crime, not just that you were in a place you shouldn’t have been. Trespassing without the intent to commit a crime is a different, less serious charge.

    Penalties for Burglary in Wyoming

    In Wyoming, burglary is a felony that can get you up to ten years in state prison. The penalties are higher if the burglary happens in someone’s home or if the burglar is armed with a deadly weapon. If you are found guilty of burglary, you will also have a permanent felony record, which comes with a lot of other problems.

    How We Defend Burglary Charges in Wyoming

    The intent element and the question of whether the person had permission are the main parts of a burglary defense. Was the person actually planning to commit a crime when they entered, or were they just trespassing without any plans to do so? Did they have permission, either directly or indirectly, to be there? We question the prosecution’s theory of intent and look at all the evidence they used to support it, such as statements, witness accounts, and video footage from security cameras.

    Penalty Grid
    BurglaryResidential BurglaryArmed BurglaryRecord
    Up to 10 yearsEnhanced penaltiesEnhanced penaltiesPermanent felony

    Related Charges We Also Defend

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    Aggravated Assault Serious injury, a weapon, or strangulation elevates charges to felony territory.
    Battery Physical contact that causes injury — often charged alongside assault.
    Domestic Violence When assault involves a household member, additional charges and consequences follow.
    Strangulation Wyoming treats strangulation as a separate felony — even without visible injury.
    Violent Crimes See all violent crime charges we defend in Wyoming.
    Self-Defense We build and argue self-defense claims at every stage of your case.

    Why Clients in Wyoming and South Dakota Choose Just Criminal Law

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      Suppression Appeal — Wyoming Supreme Court

      District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

      Barney v. State of Wyoming — Wyoming Supreme Court

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      Reckless Endangering / Domestic Battery / Child Endangering — Wyoming

      Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

      State v. Quezada-Lopez — Wyoming Circuit Court

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      CASE DISMISSED
      DUI / DWUI — Wyoming

      Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

      State v. Von Olnhausen — Wyoming Circuit Court

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      CASE DISMISSED
      Felony Child Abuse — Wyoming

      Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

      State v. Bullinger — Wyoming District Court

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    Frequently asked questions about burglary in Wyoming

    No. You don’t have to break in to commit burglary in Wyoming. It counts if you get in through an open door, window, or other opening. Staying in a place after your permission to be there has been taken away can also count as entry. The most important thing is that someone entered without permission and with the intent to commit a crime, not how they got in.

    Yes. In Wyoming, a burglary charge is based on entering with the intent to commit a crime, even if the crime is not carried out. If you went into a building with the intent to steal, even if you didn’t take anything, that is enough to charge you with burglary. There doesn’t have to be a completed theft or any other crime inside for the charge to apply.

    Trespassing means going onto or staying on someone else’s property without permission. Burglary includes the idea of criminal intent, which means wanting to commit a crime inside the building. Most of the time, trespassing is a crime. Burglary is a crime. The difference is what the prosecution can show about why you were there.

    Yes, in some cases, especially when the proof of criminal intent is weak or the question of authorization is really up for debate. If the prosecution can’t prove their theory of intent beyond a reasonable doubt, the charge can be lowered to criminal trespass. We look at each burglary case to see what flaws there are in the prosecution’s evidence.

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    Wyoming Criminal Defense — Communities We Serve

    We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

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