Spousal Abuse Attorney

Serving Wyoming & South Dakota

An arrest or accusation involving your spouse can overturn your life in a single night. You may be taken to custody, given a no-contact order, and told not to return home. If you need a spousal abuse defense lawyer, our team is here to bring structure to a chaotic situation.

At Just Criminal Law, we focus our work on criminal defense, and we regularly defend people charged with domestic violence and spousal abuse across Wyoming and South Dakota. Our team includes former prosecutors who know how the state evaluates these cases and what details can make a difference. We prepare every case as if it is going to trial, and we work to give you clear, straightforward guidance from the start.

You do not have to sort through this alone or guess about what happens next. We explain the process, help you understand your options, and move quickly to protect your rights and your future here in Gillette.

Call (307) 300-2240 or contact us online today to schedule a consultation.

What is Considered Spousal Abuse?

Spousal abuse, often legally categorized under "domestic battery" or "domestic abuse," involves more than just physical altercations. Under the laws of Wyoming and South Dakota, "household members"—which includes current and former spouses, people living together as if married, and co-parents—are protected from various forms of harm.

Generally, spousal abuse is defined as:

• Physical Battery: Intentionally or recklessly causing bodily injury through physical force (slapping, hitting, pushing).
• Domestic Assault: Threatening physical harm or attempting to cause injury when you have the present ability to do so.
• Strangulation: Impeding the normal breathing or circulation of a household member by applying pressure to the throat or blocking the nose/mouth.
• Unreasonable Restraint: Acts that limit the personal liberty of a spouse against their will.
• Sexual Abuse: Forcing a spouse to engage in sexual activity through threat, force, or duress.

Penalties for Spousal Abuse in Wyoming

Wyoming law is particularly strict regarding domestic battery and assault. Prosecutors in Campbell County and throughout the state often pursue these cases even if the alleged victim later decides they do not want to "press charges."

Domestic Battery (Wyo. Stat. § 6-2-511)

• First Offense: Typically a misdemeanor, punishable by up to 6 months in jail and a fine of up to $750.
• Second Offense (within 5 years): The penalties increase to a maximum of 1 year in jail and a $1,000 fine.
• Third Offense (within 10 years): This is elevated to a felony, carrying a potential prison sentence of up to 10 years and a $10,000 fine.

Aggravating Factors

Charges can be upgraded to Aggravated Assault and Battery if a deadly weapon was used or if the victim suffered "serious bodily injury" (such as broken bones or permanent disfigurement). This is a felony punishable by up to 10 years in prison.

Penalties for Spousal Abuse in South Dakota

South Dakota classifies domestic abuse crimes based on the severity of the act and the defendant's criminal history. Convictions here carry long-term consequences, including the loss of firearm rights and mandatory counseling.

Simple Assault Domestic Abuse

Most first-time spousal abuse charges are filed as Class 1 Misdemeanors.

• Penalties: Up to 1 year in the county jail and a fine of $2,000.
• Mandatory Requirements: Defendants placed on probation must complete domestic abuse counseling.

Aggravated Assault (S.D. Codified Laws § 22-18-1.1)

If the incident involved strangulation, the use of a weapon, or resulted in serious injury, it is charged as a Class 3 Felony.

• Penalties: Up to 15 years in the state penitentiary and a fine of $30,000.

Violation of Protection Orders

Violating a domestic abuse protection order is a Class 1 Misdemeanor for a first offense. However, if the violation involves an act of assault or stalking, it can be elevated to a Class 6 Felony.

Legal Defense to Spousal Abuse

Being charged does not mean you are guilty. At Just Criminal Law, we conduct a thorough investigation into the facts of your case to build a robust defense. Common strategies include:

• Self-Defense: We may argue that you only used force to protect yourself or your children from an initial aggressor.
• False Accusations: It is unfortunately common for one spouse to fabricate abuse allegations to gain leverage in a divorce or child custody case. We look for inconsistencies in statements and digital evidence (texts/emails) to expose the truth.
• Accidental Injury: We can demonstrate that the injury was the result of an accident rather than a deliberate act of violence or recklessness.
• Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there are no witnesses and the medical evidence is inconclusive, the case may not hold up in court.
• Mistaken Identity or Alibi: Proving you were not present at the time the alleged incident occurred.

FAQs About Spousal Abuse Charges in Wyoming and South Dakota

Can the victim drop the charges?

In both Wyoming and South Dakota, the decision to drop charges lies with the Prosecutor, not the victim. Even if your spouse tells the police they changed their mind, the state may continue the case based on the initial police report and any physical evidence.

Will I lose my right to own a gun?

Yes. Under the federal Lautenberg Amendment, a conviction for even a misdemeanor domestic violence offense results in a lifetime ban on possessing firearms and ammunition. This is a critical concern for hunters and those in law enforcement.

What is a "No-Contact Order"?

Immediately following an arrest, the court will likely issue a "no-contact" or "protection" order. This prohibits you from communicating with your spouse in any way—including through third parties or social media—and often requires you to move out of your shared home immediately.

What happens if I have a prior conviction in another state?

Both Wyoming and South Dakota have "enhancement" statutes. This means a prior conviction for a similar offense in another state can be used to upgrade your current charge to a higher misdemeanor or a felony.

How Our Defense Team Handles Spousal Abuse Cases

Spousal abuse allegations are usually built on a short window of time, such as a single argument or incident, and they often involve conflicting stories. As former prosecutors, we understand how the state reviews 911 recordings, body camera footage, photos, medical records, and witness statements to decide what charges to file. We use that insight to look for the gaps and weaknesses in the case against you.

When you hire Just Criminal Law, we start by gathering every piece of information we can. We review police reports and recordings, look closely at how the investigation was handled, and identify whether statements were taken in a way that can be challenged. We pay attention to details such as injuries that do not match the story, neighbors who were never interviewed, or messages that give missing context to what happened.

Our team prepares your case so that we are ready for trial if that becomes the right path. That preparation can include working with you to document your history with your spouse, tracking timelines, and collecting records that might support your account. When the prosecution knows we are prepared to try the case, it can change how they approach negotiation and whether they are willing to revisit the charges.

Every spousal abuse case is personal, and we treat it that way. For some people, the priority is avoiding jail. For others, the focus is on long-term consequences such as keeping a job, protecting firearm rights, or reducing the impact on child custody. We builda  strategy around what matters most to you, and we explain the tradeoffs of each option so that decisions are made with eyes open.

If you are trying to decide which spousal abuse defense lawyer to contact, consider how that lawyer will actually work your case. Our team approach means attorneys and staff stay involved at every step, track deadlines and court dates, and keep the defense moving forward instead of letting it drift.

To talk with our criminal defense team about a spousal abuse charge, call (307) 300-2240.