A Former Prosecutor Defending Clients in Wyoming and South Dakota

5 Things You Need to Know About Wyoming Assault Charges

Assault and battery are some of the most common charges of violent crime a person may face. Allegations of assault and battery can send your life in a direction you never expected, and you may be wondering how you will move forward. 

At the Just Criminal Law Legal Group, we routinely represent people who have been charged with assault and battery, and we are here to help. 

Here, we offer 5 things you need to know about assault and battery charges in Wyoming, and what a team of criminal defense professionals can do for you.   

#1 - Assault and Battery Defined

In Wyoming, criminal assault occurs when a person “having the present ability to do so...unlawfully attempts to cause injury to another. WY Stat §6-2-501(a)

Criminal battery occurs when a person “intentionally, knowingly, or recklessly causes bodily injury to another person by use of physical force.” WY Stat §6-2-501(b) 

Aggravated assault and battery is a more severe crime and occurs when a person “attempts to cause serious bodily injury to another intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; attempts to cause, or intentionally or knowingly causes bodily injury to another with a deadly weapon; threatens to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property, or abode or to prevent serious bodily injury to another; or intentionally, knowingly or recklessly causes bodily injury to a woman whom he knows is pregnant.” WY Stat §6-2-502

#2 - Penalties for Assault, Battery, and Aggravated Assault and Battery

Assault is a misdemeanor, punishable by a fine of up to $750. 

Battery is a misdemeanor punishable by up to 6 months in jail, a fine of up to $750, or both. 

Aggravated assault and battery is a felony punishable by up to 10 years in prison. 

#3 - Defenses to Charges of Assault and Battery

Every assault and battery charge is unique, and defending someone against charges of assault and battery is case-specific. 

Potential defenses to charges of assault and battery in Wyoming include:

  • You were defending yourself or someone else
  • You were defending your home or property
  • You did not intend to cause harm to the other person
  • You were unable to reasonably carry out the threat
  • The threat of injury was not imminent
  • The victim’s fear of injury was not well-founded
  • You were provoked
  • The threats were vague and did not include an overt act
  • The threats were conditional
  • The allegations were false

 #4 - Key Differences Between Assault, Battery, and Aggravated Assault and Battery

Assault is the attempt to cause injury to another person, while battery is the crime of actually causing injury to someone else. 

In order for a person to claim they were assaulted, you need to have the present ability to carry out the threat, and the threat must be reasonable. If you do not have the ability to actually cause harm to someone else, the claim of assault is invalid. Likewise, if you threatened assault if someone does something (a conditional threat), there can be no assault. 

#5 - How a Criminal Defense Lawyer Can Help

Charges of criminal assault, battery, or aggravated assault and battery can be complicated. An experienced criminal defense lawyer will be able to analyze the facts of your case and identify whether the prosecution will be able to meet all the elements necessary to convict you of the crime. If the prosecution cannot prove each and every element of the case beyond a reasonable doubt, you cannot be convicted. 

In practice, defending someone against charges of assault, battery, or aggravated assault and battery is not always so simple.  

At Just Criminal Law Legal Group, our team of criminal defense professionals will aggressively defend you against charges of assault, battery, or aggravated assault and battery. We will investigate the prosecution’s case, interview witnesses, and work with experts as necessary to vigorously defend you. 

Our founder, Christina L. Williams, is a former prosecutor and has been practicing criminal law since 2001. She has the experience, expertise, and insight into how a prosecutor presents a case and knows how to defend you, and to protect your one shot at justice. 

Read why clients choose us, and contact a member of our team today by calling 307-686-6556, emailing office@justcriminallaw.com, or completing our online form. 

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

National College for DUI Defense

The National Trial Lawyers

Contact Us For a Free Case Consultation

  • This field is for validation purposes and should be left unchanged.

Newsletter

powered by BirdEye