A bar fight in Wyoming can lead to more than a night in jail or a trip to the emergency room. Sometimes, you could face charges ranging from breach of the peace or fighting in public to assault and battery or even felony aggravated assault.
Even if someone else threw the first punch, you may still face charges. If you are facing bar fight charges in Wyoming, here is what you need to know.
What Charges Can You Face After a Bar Fight in Wyoming?
Not every bar fight results in the same criminal charge. Wyoming prosecutors will look at the conduct involved, the injuries, and the available evidence when it comes time to choose what offenses to pursue. Some common charges include:
Breach of the Peace
Under W.S. 6-6-102, breach of the peace involves disturbing the peace through unreasonably loud noise, threatening or abusive language, or violent actions when you know or have reason to believe your behavior will disturb others.
A conviction is a misdemeanor. It is punishable by up to six months in jail, a fine of up to $750, or both.
Fighting in Public
Wyoming Statute § 6-6-101 makes it a misdemeanor to fight with another person in public by agreement. Sometimes, this is called mutual combat. Even if both people willingly participated, agreeing to fight does not prevent criminal charges. A conviction carries up to six months in jail, a $750 fine, or both.
Simple Assault and Battery
A bar fight can also result in an assault or battery charge under W.S. 6-2-501. Simple assault involves unlawfully attempting to cause bodily injury to someone while having the ability to do so. Battery involves intentionally, knowingly, or recklessly causing bodily injury through physical force. Simple assault carries a fine of up to $750, while battery carries up to six months in jail, a $750 fine, or both.
Aggravated Assault and Battery
Yes, a fight can become a felony. This happens when serious injuries or a deadly weapon are involved. Under W.S. 6-2-502, aggravated assault and battery includes causing or attempting to cause serious bodily injury by showing extreme indifference to human life, or attempting to cause or intentionally causing bodily injury with a deadly weapon.
For example, a bottle or broken glass could potentially be considered a deadly weapon depending on how it was used and the circumstances. An aggravated assault charge conviction can carry up to 10 years in prison.
Can You Claim Self-Defense After a Bar Fight?
You do not automatically lose the right to claim self-defense because a fight happened in a bar. Wyoming law allows you the right to use reasonable defensive force when necessary to prevent injury.
Under W.S. 6-2-602, someone attacked in a place where they are lawfully present has no duty to retreat before using reasonable defensive force, as long as they are not the initial aggressor or engaged in illegal activity.
What Should You Do If You’re Charged After a Bar Fight?
What you do after an arrest or citation can affect your case. You might want to follow these steps:
- Don’t discuss the incident: You want to avoid making statements to police or bar employees without first consulting a criminal defense attorney.
- Don’t post about the fight: Remember that social media comments, photos, and messages could become evidence.
- Document your injuries: You want to make sure to keep photographs and medical records that may help explain what happened.
- Identify witnesses: Write down the names and contact information of anyone who saw the confrontation.
- Contact a defense attorney: Before you make decisions about your case, reach out and talk to an experienced criminal defense lawyer.
Your case may proceed through an initial appearance and arraignment, followed by negotiations, motions, or trial. Depending on the evidence, resolutions may include dismissal, reduced charges, or other outcomes.
Frequently Asked Questions
Is fighting in a bar a crime in Wyoming even if nobody gets hurt?
Fighting in public by agreement can be a misdemeanor under W.S. 6-6-101. And that can occur even if neither person suffers an injury. Breach of the peace may also apply depending on the type of conduct.
Can you be charged with assault if you didn’t throw the first punch?
Being the person who did not start the confrontation doesn’t automatically prevent criminal charges. However, you may have a self-defense argument if your actions involved reasonable force to protect yourself.
Is breaking a bottle over someone’s head a felony in Wyoming?
If prosecutors believe that you used a bottle as a deadly weapon to cause or attempt to cause bodily injury, aggravated assault and battery may apply. The situation and evidence will determine whether the felony charge is supported.
Facing Bar Fight Charges in Wyoming? We Can Help
If you are facing bar fight charges in Wyoming, you should not think the other person’s version of events tells the whole story. Whether you’re accused of starting the fight or were trying to defend yourself, the facts of the case are very important.
Witness statements, surveillance footage, and the circumstances leading up to the confrontation could all affect the outcome of your case. At Just Criminal Law, we can evaluate the evidence and work to protect your rights. Reach out today to schedule a free, confidential consultation.
