Assault Defense in Wyoming

Wyoming Assault Defense Attorney

Facing assault charges in Wyoming? Former prosecutors who know how these cases are built — and how to take them apart.

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    Home » Criminal Defense » Assault

    What Wyoming Law Says About Assault Charges

    Assault charges in Wyoming can arise from a single moment — an argument that escalated, a confrontation that got physical, or an accusation from someone you trusted. However it happened, you are now facing a criminal charge with real consequences, and the prosecutor assigned to your case is already preparing. You need someone preparing your defense with the same urgency.

    Simple Assault vs. Aggravated Assault in Wyoming

    Under Wyo. Stat. § 6-2-501, simple assault occurs when a person intentionally attempts to cause bodily injury to another, or threatens to cause bodily injury and has the ability to do so. Simple assault is a misdemeanor in Wyoming, carrying up to 6 months in jail and a $750 fine. Aggravated assault — which involves serious bodily injury, a deadly weapon, or strangulation — is a felony carrying up to 10 years in prison. The line between the two charges often comes down to facts that are disputed, which is exactly where an experienced defense attorney operates.

    Penalties for Assault and Aggravated Assault

    A misdemeanor assault conviction in Wyoming can mean up to 6 months in county jail and fines up to $750. Aggravated assault is a felony with up to 10 years in state prison. Beyond incarceration, a conviction affects your employment, your housing options, and your ability to own firearms. If the charge involves a domestic relationship, the consequences expand further into restraining orders, child custody, and federal firearms prohibitions.

    Common Defenses Against Assault Charges in Wyoming

    Self-defense is one of the most frequently used defenses in Wyoming assault cases, and Wyoming law supports it. Under Wyoming’s self-defense statute, a person is justified in using force when they reasonably believe it is necessary to protect themselves from imminent unlawful physical harm. Defense of others applies the same logic to protecting a third party. Other strong defenses include lack of intent, false accusations, and mutual combat — where both parties were willing participants and the question of who is the aggressor becomes contested. We have taken assault and battery cases to Wyoming juries and won. State v. Davis — Family Violence/Battery: Not Guilty. State v. Van Horn — Battery: Not Guilty.

    Why the First 48 Hours After an Assault Charge Matter

    Witness memories fade. Surveillance footage gets overwritten. Text messages and social media posts get deleted. Physical evidence disappears. The first 48 hours after an arrest are when the most critical evidence is still available — and having an attorney working on your case during that window can make a significant difference in how your defense is built.

    Call Just Criminal Law today. We’ll review your case, explain your options, and start building your defense immediately.

    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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    Former Prosecutors on Your Side

    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.

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    Criminal Defense Is All We Do

    We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.

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    Local Knowledge That Matters

    We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.

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    Spanish Language Services Available

    Servicios de traduccion en espanol disponibles. Every client fully understands their case, their options, and their rights.

    25+ Years of Success

    Real Results for Wyoming & South Dakota Clients

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      Other
      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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      CASE DISMISSED
      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 Assault Charges in Wyoming

    In Wyoming, assault refers to an attempt or threat to cause bodily injury — no physical contact is required. Battery occurs when physical contact actually happens and causes injury. The two are often charged together when a confrontation results in both a threat and physical harm. Battery carries its own penalty range under Wyo. Stat. § 6-2-501 and can be charged as either a misdemeanor or a felony depending on the severity of injury.

    Yes. Under Wyoming law, intentionally attempting to cause bodily injury or making a credible threat of bodily injury — even without contact — constitutes simple assault. If you said something threatening during a confrontation and the other party reasonably feared harm, that can be sufficient for an assault charge.

    In Wyoming, the decision to prosecute belongs to the state — not the alleged victim. Once law enforcement files a report, the prosecutor can choose to move forward even if the alleged victim asks them not to. This surprises many people. It is especially common in domestic violence cases. Having an attorney who understands this dynamic and can work with the prosecution is essential.

    Yes, and Wyoming law supports it. You are legally justified in using force — including potentially deadly force — when you reasonably believe it is necessary to prevent imminent bodily harm to yourself or someone else. The key word is ‘reasonably’ — the circumstances must support your belief that force was necessary. We evaluate the facts of every case for self-defense applicability.

    Yes. An assault conviction — even a misdemeanor — becomes part of your permanent criminal record and will appear on background checks conducted by employers, landlords, and licensing boards. Certain professional licenses can be denied or revoked following an assault conviction. This is one of many reasons why fighting the charge is almost always worth it.

    Do not make statements to law enforcement without an attorney present. Do not contact the alleged victim. Document everything you can remember about the incident — timeline, witnesses, communications. Then call us immediately. False accusations happen, and the earlier an attorney is involved, the more effectively we can preserve evidence and build a defense that challenges the accuser’s account.

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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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    Wyoming
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    South Dakota
    Attending the Sturgis Motorcycle Rally?

    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.

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    Request Your Free Assault Defense Consultation

    If you have been charged with assault in Wyoming or South Dakota, the sooner you speak with an attorney, the more options you have. Call Just Criminal Law today for a free, confidential case review.

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