Strangulation Defense

Strangulation Defense Attorney in Gillette, WY

Strangulation of a household member is a felony in Wyoming, even without visible injury, bruising, or medical treatment. According to W.S. 6-2-509, the law covers attempted obstruction of breathing, not just completed actions, and a conviction can result in up to 10 years in prison. If you are arrested in Gillette or Campbell County, your actions in the next 48 hours matter.

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    Home » Criminal Defense » Felonies » Strangulation Defense Attorney in Gillette, WY

    Wyoming Strangulation Is a Felony, Even Without Visible Injury

    Many people are shocked to learn how little the state needs to file a charge. Wyoming treats strangulation as a separate offense from ordinary assault and battery.

    What W.S. 6-2-509 Actually Says

    To convict you, the State must prove that you:

    • Acted intentionally and knowingly, or recklessly
    • Caused or attempted to cause bodily injury
    • To a household member
    • By pressing on the throat or neck, or by blocking the nose and mouth

    “Household member” generally refers to current and former spouses, people who live together, parents of a child in common, and certain dating partners.

    Why “No Marks” Does Not Mean “No Charge”

    Medical research shows that many strangulation survivors have no visible neck injury. Prosecutors know this, so they do not wait for bruising. Instead, they look for petechiae (tiny red spots in the eyes or face), a hoarse voice, or a sore throat. Bruising can also appear a day or two later, which is why photos taken after arrest can become evidence.

    How a Strangulation Charge Starts in Campbell County

    From a 911 Call to a Felony Arrest

    Most of these cases begin with a 911 call. Officers respond, separate everyone, take statements, and often make an arrest on the same night. Wyoming law allows officers to make arrests without a warrant if they have probable cause, and W.S. 7-20-102 sets additional rules for domestic violence calls.

    What Evidence Prosecutors Use When There Are No Marks

    Without visible injuries, the state usually relies on:

    • 911 recordings, which are often admitted as excited utterances.
    • Body camera footage from responding officers.
    • Medical records noting throat tenderness or voice changes.
    • Photos taken hours or days after the incident.
    • Text messages and witness statements.
    • Recorded jail calls.

    What Happens After the Arrest in Campbell County

    Felony cases follow a set path outlined on the county’s felony process page. Campbell County is part of Wyoming’s Sixth Judicial District.

    Initial Appearance and Bond Conditions

    Your first hearing usually happens within 48 to 72 hours at the Campbell County Circuit Court. The judge reads the charge, addresses your right to a lawyer, and sets bond. Felony strangulation often brings a higher bond than a misdemeanor domestic violence charge, and the judge will likely order no contact with the alleged victim.

    Preliminary Hearing in Circuit Court

    At this hearing, the judge decides whether there is probable cause to send the case to the District Court. Your attorney can cross-examine witnesses under oath and record their testimony. If the case is weak, it can end here.

    District Court Arraignment and Beyond

    If the case is “bound over,” you enter a plea in the Sixth Judicial District Court. A not-guilty plea protects your right to file pre-trial motions. From there, the case moves through motions, negotiations, and possibly a jury or bench trial. Contested felonies often take 6 to 18 months, while plea resolutions can take 3 to 9 months.

    No-Contact Orders and What They Mean for You

    A no-contact order is a court-ordered condition of your release. It is not issued by the alleged victim, and they are not able to cancel it. This means that:

    • You should not reply if the alleged victim contacts you first.
    • You may not be able to enter your own home, even if you own or rent it.
    • Jail phone calls are recorded and prosecutors listen to them.
    • Attempting to pass messages through friends may result in accusations of witness tampering.

    Violating the release conditions can lead to bond revocation and additional charges. A separate order for domestic violence protection has its own penalties under W.S. 6-4-404, which include up to six months in jail and a $750 fine.

    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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    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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    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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    Charged with a strangulation in Gillette? Time is critical.

    The sooner you have an attorney, the more options you have.

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    Frequently Asked Questions About Strangulation Charges in Gillette

    It depends on the charge, because Wyoming sets penalties crime by crime. Aggravated assault and battery carries up to 10 years; theft of $1,000 or more, up to 10 years and a $10,000 fine; first-degree sexual assault, 5 to 50 years. Where a statute imposes no fine, the court can still impose a fine of up to $10,000 under W.S. 6-10-102, and a third felony conviction can carry a sentence of 10 years to life under Wyoming’s habitual criminal law.

    Yes. Visible injury is not required, and an attempt to impede breathing can be enough.

    No. You have the right to remain silent and the right to an attorney, and both are worth using. Because Wyoming has no statute of limitations, there’s no real upside to “explaining your side” early, and statements made at the scene tend to help the State more than they help you. Call us first and let us handle law enforcement.
    Charged with a felony in Cheyenne or anywhere in Laramie County? Call Just Criminal Law at (307) 300-2240 for a confidential case review with a former prosecutor who knows how the State builds these cases..

    Up to 10 years in prison, plus the long-term consequences of a violent felony conviction.

    Serving Gillette and Communities Across Wyoming

    While our office is based in Gillette, we represent clients facing felony charges in Sheridan and throughout Wyoming. Attorney Christina Williams regularly handles cases in courts across the state and brings the experience, strategy, and local insight needed to protect your rights and future.

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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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    Accused of a Strangulation in Gillette? Get Experienced Defense Today.

    Facing strangulation charges in Campbell County? Just Criminal Law defends these cases in Gillette.

      Start Your Case Review

      Same-day case reviews are free. Limited availability.

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