First Degree vs. Second Degree Murder in Wyoming
Wyo. Stat. § 6-2-101 says that first-degree murder is when someone kills someone on purpose and with premeditation. The prosecution has to show that you planned the killing. You can get life in prison or death for first-degree murder. Wyoming is one of fewer than thirty states that still has a law that allows the death penalty. Second degree murder is killing someone on purpose with no regard for their life. It can happen with no planning and can get you 20 years to life in prison.
There is more to the difference between first and second degree murder than just words. It decides what the punishment will be, what the defense will do, and, in the case of first-degree murder, whether the death penalty is an option. We need to look at every part of the prosecution’s theory: What proof is there that the crime was planned? Is there real proof of extreme disregard for human life, or should this case be charged with manslaughter?
The Early Stages of a Wyoming Murder Investigation
Police usually spend weeks gathering physical evidence, talking to witnesses, looking at surveillance footage, and putting together a story before they file murder charges. From the first day, we do our own investigation, looking at the physical evidence, finding forensic problems, checking the chain of custody, and talking to witnesses before their memories fade and the prosecution’s story becomes the only one anyone has heard.
Self-defense in Wyoming Murder Cases
In Wyoming, self-defense is a full defense to murder if it is properly proven. Wyo. Stat. § 6-2-602, the Castle Doctrine in Wyoming, says that you don’t have to run away if you are in a place where you have a legal right to be. Your defense is based on the fact that you used force, even deadly force, because you thought it was necessary to stop someone from dying or getting seriously hurt right away. We have taken self-defense cases to court in Wyoming and know how to build and present them well.
Penalty Grid
| First Degree Murder | Second Degree Murder | Death Penalty | Record |
| Life or death | 20 years to life | Active in Wyoming | Permanent – no expungement |
Related Charges We Also Defend

Why Clients in Wyoming and South Dakota Choose Just Criminal Law
Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.
We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.
We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.
Servicios de traduccion en espanol disponibles. Every client fully understands their case, their options, and their rights.
Real Results for Wyoming & South Dakota Clients
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OtherSuppression Appeal — Wyoming Supreme CourtDistrict Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.
Barney v. State of Wyoming — Wyoming Supreme Court
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CASE DISMISSEDReckless Endangering / Domestic Battery / Child Endangering — WyomingClient charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.
State v. Quezada-Lopez — Wyoming Circuit Court
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CASE DISMISSEDDUI / DWUI — WyomingClient 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 DISMISSEDFelony Child Abuse — WyomingClient 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

Charged with a crime in Wyoming? Time is critical.
The sooner you have an attorney, the more options you have.
What Clients Say About Just Criminal Law
Frequently asked questions about murder charges in Wyoming
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.

- Deadwood
- Sturgis (Rally)
- Custer County
- Lawrence County
- Meade County
- Pennington County
We provide on-call criminal defense for Rally-related arrests including DUI, drug charges, weapons offenses, and assault. Call us 24/7 during Rally week.

