Sexual Battery Attorney

Serving Wyoming & South Dakota

A sexual battery accusation can change your life in a single day. You may be arrested, booked into jail, and brought into Campbell County courts with little warning. The risk of prison time, registration, and a permanent felony record is real, and you need clear direction fast from a sexual battery attorney Gillette residents can turn to for serious help.

At Just Criminal Law, we focus our entire practice on criminal defense. Our team is based in Gillette and we regularly defend people accused of sex crimes across Wyoming and into South Dakota. We are led by former prosecutors, and we prepare every case as if it will go to trial so your defense is never built around fear or convenience.

We know you may feel scared, embarrassed, and unsure who to trust. Our role is to bring structure to the chaos, explain what is happening in plain language, and start building a plan that protects your future. 

To talk confidentially with our team about what comes next, call (307) 300-2240.

What is Considered Sexual Battery?

While many people use the terms "sexual assault" and "sexual battery" interchangeably, they often have specific legal definitions depending on the state. Broadly speaking, sexual battery involves the intentional, non-consensual touching of another person’s "intimate parts."

These parts typically include the genitals, groin, anus, buttocks, or, in the case of a female victim, the breasts. The core of a sexual battery charge is sexual contact rather than sexual penetration (which is often categorized as rape or higher-degree sexual assault).

In both Wyoming and South Dakota, the prosecution must generally prove that:

• There was physical contact of a sexual nature.
• The contact was intentional.
• The victim did not consent to the contact.

It is important to note that "lack of consent" can be established even if the victim did not verbally say "no." If the victim was incapacitated by drugs or alcohol, unconscious, or suffered from a mental deficiency that made them unable to appraise the nature of the act, the law deems them incapable of providing consent.

Penalties for Sexual Battery in Wyoming

In Wyoming, sexual battery is codified under Wyo. Stat. § 6-2-313. Unlike the various degrees of sexual assault that often carry felony weights, sexual battery in Wyoming is typically charged as a misdemeanor. However, a "misdemeanor" in the context of a sex crime is still a grave matter.

The penalties for a conviction in Wyoming may include:

• Jail Time: Up to one (1) year in the county jail.
• Fines: A fine of up to $1,000.
• Sex Offender Registration: Depending on the specifics of the case and prior history, a conviction may trigger a requirement to register as a sex offender, which can impact where you live and work for years to come.

Penalties for Sexual Battery in South Dakota

South Dakota’s legal framework often categorizes sexual battery within its broader sexual assault and rape statutes. Under SDCL § 22-22-7.1, sexual contact with a person without consent can range significantly in severity based on the age of the victim and the circumstances of the contact.

• Misdemeanor Sexual Contact: If the contact does not involve penetration and meets the criteria for a Class 1 misdemeanor, you could face up to one year in jail and $2,000 in fines.
• Felony Charges: If the victim is a minor or if there are aggravating factors (such as the use of force or the defendant being in a position of authority), the charge can quickly escalate to a Class 6, Class 4, or even a Class 3 felony.
• Lifetime Consequences: South Dakota is notoriously strict regarding its sex offender registry. A felony conviction can result in decades of prison time and a lifetime of monitoring.

Legal Defense to Sexual Battery

Facing these charges is daunting, but an allegation is not a conviction. At Just Criminal Law, we analyze every detail of the prosecution’s case to find weaknesses and build a robust defense. Common strategies include:

Consent

If the encounter was a result of mutual, consensual agreement between adults, there is no crime. We work to uncover communications, witness statements, or behavioral evidence that supports the fact that consent was given.

False Accusations

Unfortunately, individuals sometimes level false accusations out of spite, jealousy, or to gain leverage in other legal proceedings like child custody battles. We conduct thorough investigations to reveal motives for fabrication.

Mistaken Identity

In crowded settings—such as bars or festivals—it is possible for a victim to misidentify the individual who touched them. We utilize surveillance footage and alibi testimony to prove you were not the perpetrator.

Lack of Intent

For a battery charge to stick, the touching must be intentional and for the purpose of sexual gratification or abuse. We may argue that the contact was accidental or occurred in a non-sexual context, such as a crowded room where people were bumping into one another.

FAQs About Sexual Battery Charges in Wyoming and South Dakota

Can a sexual battery charge be dropped?

Yes. If our investigation reveals a lack of evidence, a violation of your constitutional rights during the arrest, or clear evidence of a false accusation, we can petition the court or negotiate with prosecutors to have the charges dismissed.

Will I have to register as a sex offender?

This is a primary concern for our clients. In both Wyoming and South Dakota, registration depends on the specific statute you are convicted under. Our goal is always to avoid a conviction or negotiate a plea to a non-registrable offense whenever possible.

What is the difference between sexual battery and rape?

Generally, the difference lies in penetration. Sexual battery involves touching intimate parts, whereas rape (or first/second-degree sexual assault) involves sexual penetration. Rape is almost always a high-level felony with much steeper prison sentences.

Do I need a lawyer if it’s "just" a misdemeanor?

Absolutely. There is no such thing as a "minor" sex crime. A misdemeanor conviction for sexual battery will appear on background checks for the rest of your life, potentially barring you from many jobs, volunteer opportunities, and housing options.

How We Defend Sexual Battery Cases

Sexual battery cases are high-stakes and often turn on complex facts, conflicting stories, and sensitive evidence. When we are retained, we move quickly to understand what is being alleged, what contact you have had with law enforcement, and what evidence may already exist. We listen carefully to your account so we can begin evaluating how the state might try to present the case.

Because our attorneys include former prosecutors, we understand how charging decisions are made and which facts tend to carry the most weight at the Campbell County Attorney’s Office. We look closely at statements, messages, social media, digital files, timelines, medical reports, and any forensic testing. Our goal is to see the case from both sides and identify weaknesses, gaps, and legal issues that can shift the balance in your favor.

From the beginning, we prepare as if we may need to bring your case in front of a jury. That preparation includes organizing discovery, planning investigations, considering potential motions, and thinking ahead about how a jury in this part of Wyoming might react to the evidence. At the same time, thorough trial preparation often gives us leverage in negotiation, because the state knows we are not building the defense around a quick plea.

We work as a coordinated team, not a solo office. Our attorneys and staff track deadlines, manage court dates, organize documents, and keep communication moving. You do not have to chase us for updates. We explain your options clearly, discuss the risks and benefits of each path, and help you make decisions with your eyes open.

Call (307) 300-2240 to talk with our criminal defense team today.