Gillette Felony Lawyer

Committed & Knowledgeable Representation in Wyoming, South Dakota & Beyond

Facing a felony charge in Wyoming or South Dakota can be one of the most frightening experiences of your life. The stakes are incredibly high, with potential consequences ranging from significant prison time and hefty fines to a permanent criminal record that can impact every aspect of your future. At Just Criminal Law, we understand the immense pressure you're under. With our office conveniently located in Gillette, WY, our dedicated team is prepared to provide a vigorous defense for clients throughout Wyoming and South Dakota. 

If you're seeking a Gillette felony attorney who will fight tirelessly to protect your rights and your future, call (307) 300-2240 or contact us online today for a confidential consultation.

What is a Felony in Wyoming and South Dakota?

While both Wyoming and South Dakota classify crimes as felonies, their approaches to defining and categorizing these serious offenses differ. Understanding these distinctions is crucial when building an effective defense.

In Wyoming:

Wyoming defines felonies as crimes punishable by death or imprisonment in a state correctional facility for more than one year. Unlike many other states that use a class-based system (e.g., Class A, Class B felonies), Wyoming’s legislature generally assigns punishments based on the specific crime's peculiarity. This means the severity of a felony's penalty in Wyoming is often determined by the unique elements of the offense itself, rather than a broad classification. For example, a first-degree sexual assault conviction could carry a sentence of five to fifty years, with fines potentially imposed in addition to, or independent of, a specified amount in the state's criminal statute.

In South Dakota:

South Dakota categorizes felonies into nine distinct classes, each with a defined range of maximum penalties. This provides a more structured system for determining the potential consequences of a conviction.

• Class A Felony: Death or life imprisonment, plus a potential fine of $50,000. (Lesser sentences than death or life imprisonment are generally not permitted for Class A or B felonies).
• Class B Felony: Life imprisonment, plus a potential fine of $50,000.
• Class C Felony: Life imprisonment, plus a potential fine of $50,000.
• Class 1 Felony: Up to 50 years imprisonment, plus a potential fine of $50,000.
• Class 2 Felony: Up to 25 years imprisonment, plus a potential fine of $50,000.
• Class 3 Felony: Up to 15 years imprisonment, plus a potential fine of $30,000.
• Class 4 Felony: Up to 10 years imprisonment, plus a potential fine of $20,000.
• Class 5 Felony: Up to 5 years imprisonment, plus a potential fine of $10,000 (or up to one year in county jail).
• Class 6 Felony: Up to 2 years imprisonment, plus a potential fine of $4,000 (or up to one year in county jail).

South Dakota law also includes provisions for increased sentences for habitual offenders, with penalties escalating based on prior felony convictions.

Common Types of Felony Offenses

Both Wyoming and South Dakota prosecute a wide range of offenses as felonies due to their severity. Some of the most common types of felony crimes our firm handles include:

Violent Crimes:

• Murder (including First-Degree and Second-Degree)
• Manslaughter
• Aggravated Assault and Battery
• Robbery (including Aggravated Robbery)
• Kidnapping
• Sexual Assault / Rape (including Statutory Rape)
• Arson

Drug Crimes:

• Drug Trafficking
• Possession with Intent to Distribute
• Manufacturing Controlled Substances
• Felony Drug Possession

Property Crimes:

• Burglary
• Grand Larceny / Felony Theft
• Auto Theft
• Felony Property Damage
• Forgery

White-Collar Crimes:

• Embezzlement
• Fraud (e.g., Bank Fraud, Identity Theft, Wire Fraud)
• Money Laundering

Other Serious Felonies:

• Repeated DUI offenses (often elevated to a felony after multiple convictions)
• Felony DUI
• Child Pornography offenses
• Weapons Offenses (e.g., possession of a firearm by a convicted felon)
• Obstruction of Justice

Felony FAQs

What should I do if I'm arrested for a felony in Gillette, WY?

Your absolute first step should be to remain silent and immediately request to speak with a Gillette felony attorney. Do not answer any questions from law enforcement without your attorney present. Anything you say can and will be used against you.

Can a felony charge be reduced to a misdemeanor?

In some cases, yes. This is often a primary goal of a strong defense strategy. It depends on the specific circumstances of your case, the strength of the evidence against you, and the willingness of the prosecutor to negotiate. An experienced attorney can assess the feasibility of a charge reduction.

What is the difference between suspending imposition and suspending execution of a sentence in South Dakota?

In South Dakota, suspending imposition of a sentence means the judge delays entering a guilty judgment or delays announcing the sentence, often used for low-level drug charges or first-time offenders. Suspending execution means the judge pronounces the sentence but holds off on sending the person to prison, typically with probation conditions that might include a jail term.

Can a felony conviction be expunged in Wyoming or South Dakota?

Both Wyoming and South Dakota offer limited opportunities for expungement (sealing) of criminal records.

• Wyoming: You may be eligible to expunge a single non-violent felony conviction (or convictions from the same occurrence) if 10 years have passed since the completion of your sentence, all court-ordered restitution has been paid, and no firearms were used in the commission of the felony. Certain felonies are ineligible.
• South Dakota: Expungement is possible for arrest records that did not result in conviction (after one year), or after an acquittal (no waiting period). For convictions, it is generally limited, but the Director of the Bureau of Criminal Statistics may order erasure for individuals who are deceased, pardoned, or for incidents no longer considered crimes. Misdemeanors may be automatically expunged after 10 years under certain conditions. Felony expungement for convictions is much more challenging and often requires specific circumstances or a showing of compelling necessity.

The Importance of a Skilled Gillette Attorney

When facing felony charges, time is of the essence. The prosecution will be building their case against you, and you need a formidable defense team on your side from the very beginning. A skilled Gillette felony lawyer can:

• Investigate Your Case Thoroughly: We will meticulously review police reports, witness statements, forensic evidence, and any other relevant documentation to identify weaknesses in the prosecution's case and uncover evidence that supports your defense.
• Protect Your Rights: From the moment of arrest through trial, we ensure your constitutional rights are upheld, preventing any violations that could compromise your case.
• Develop a Strategic Defense: Based on the specifics of your case and the applicable laws in Wyoming or South Dakota, we will craft a robust defense strategy aimed at achieving the best possible outcome. This could involve challenging evidence, negotiating with prosecutors, or preparing for trial.
• Negotiate with Prosecutors: We will tirelessly negotiate with the prosecution for reduced charges, alternative sentencing, or even dismissal of your case when appropriate.
• Represent You in Court: If your case proceeds to trial, our experienced litigators will aggressively represent you in court, presenting your defense compellingly and cross-examining witnesses effectively.
• Mitigate Consequences: Even if a conviction seems likely, we work to mitigate the penalties, advocating for probation, rehabilitation programs, or the shortest possible incarceration period.

Contact us today at (307) 300-2240 for a consultation where you can discuss your case in a confidential environment.