What is the difference between assault and battery in Wyoming?

In Wyoming, assault refers to an attempt or threat to cause bodily injury — no physical contact is required. Battery occurs when physical contact actually happens and causes injury. The two are often charged together when a confrontation results in both a threat and physical harm. Battery carries its own penalty range under Wyo. Stat. § 6-2-501 and can be charged as either a misdemeanor or a felony depending on the severity of injury.

Can I be charged with assault in Wyoming if I never physically touched anyone?

Yes. Under Wyoming law, intentionally attempting to cause bodily injury or making a credible threat of bodily injury — even without contact — constitutes simple assault. If you said something threatening during a confrontation and the other party reasonably feared harm, that can be sufficient for an assault charge.

What happens if the alleged victim does not want to press charges?

In Wyoming, the decision to prosecute belongs to the state — not the alleged victim. Once law enforcement files a report, the prosecutor can choose to move forward even if the alleged victim asks them not to. This surprises many people. It is especially common in domestic violence cases. Having an attorney who understands this dynamic and can work with the prosecution is essential.

Is self-defense a valid defense to assault charges in Wyoming?

Yes, and Wyoming law supports it. You are legally justified in using force — including potentially deadly force — when you reasonably believe it is necessary to prevent imminent bodily harm to yourself or someone else. The key word is 'reasonably' — the circumstances must support your belief that force was necessary. We evaluate the facts of every case for self-defense applicability.

Will an assault conviction in Wyoming show up on a background check?

Yes. An assault conviction — even a misdemeanor — becomes part of your permanent criminal record and will appear on background checks conducted by employers, landlords, and licensing boards. Certain professional licenses can be denied or revoked following an assault conviction. This is one of many reasons why fighting the charge is almost always worth it.

What should I do if I have been falsely accused of assault in Wyoming?

Do not make statements to law enforcement without an attorney present. Do not contact the alleged victim. Document everything you can remember about the incident — timeline, witnesses, communications. Then call us immediately. False accusations happen, and the earlier an attorney is involved, the more effectively we can preserve evidence and build a defense that challenges the accuser's account.

Wyoming Criminal Defense

Wyoming Criminal Defense Attorney

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Former Prosecutor Perspective

25+ Years Criminal Defense Experience

Serving Wyoming & South Dakota

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Wyoming Criminal Defense

Protecting Your One Shot at Justice in Wyoming and South Dakota

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When you’re facing criminal charges in Wyoming or South Dakota, the attorney you choose can change the outcome of your case and the rest of your life. At Just Criminal Law, we do one thing and one thing only: criminal defense. Every attorney, every paralegal, every resource in this office is focused entirely on protecting the rights and futures of people charged with crimes.

Our team includes former prosecutors who spent years on the other side of the courtroom. We know how the state builds its case, what evidence prosecutors lean on, and where the weaknesses in a charge are most likely to appear. That inside knowledge is a direct advantage for every client we represent.

We’re based in Gillette, Wyoming, and we travel throughout the state and into western South Dakota to be present for our clients. We know the local courts, judges, and prosecutors. That local familiarity shapes strategy and strategy shapes outcomes.

The decisions made in the first 48 hours after an arrest can define your entire case. Don’t wait. Contact our team today for a free, confidential case review and start building your defense now.

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Charged with DUI or DWUI in Wyoming? We handle more DUI cases than any other charge.

Visit our dedicated DUI Defense page

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Violent Crimes

Assault Simple, aggravated, and battery charges defended at trial.

Domestic Violence Charges filed fast. We intervene before a restraining order changes everything.

Strangulation A felony in Wyoming even without visible injury. Act immediately.

Homicide Murder and manslaughter defense. We take these cases to trial.

Violent Crimes Kidnapping, battery, aggravated assault, and more.

Self-Defense We build and argue self-defense claims at every stage.

Property & Financial Crimes

Theft Offenses Shoplifting to grand theft — severity depends on value taken.

Property Crimes Burglary, criminal trespass, and related charges.

Fraud & Financial Crimes White collar defense requires forensic analysis and legal strategy.

Destruction of Property Even misdemeanor property charges carry lasting consequences.

Arson Serious felony charges — we investigate from day one.

Gun Crimes Wyoming is gun-friendly, but weapons charges carry real penalties.

Other Criminal Charges

Drug Crimes Possession, distribution, trafficking, and manufacturing defended.

Sex Crimes False accusations happen. We build thorough defenses and go to trial.

Weapons Offenses Unlawful use and possession charges defended across Wyoming.

Juvenile Crimes A juvenile record can follow your child. We protect their future.

Stalking Charges that escalate quickly — experienced defense from day one.

Expungement Clear your record if you qualify. We evaluate your eligibility.

Also Defending

Misdemeanors Felonies Reckless Driving Parole Violation Probation Violation Warrants Vehicular Homicide Vehicular Assault Pre-File Investigation

Why Clients in Wyoming and South Dakota Choose Just Criminal Law

Former Prosecutors on Your Side

Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.

Criminal Defense Is All We Do

We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.

Local Knowledge That Matters

We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.

Spanish Language Services Available

Servicios de traduccion en espanol disponibles. Every client fully understands their case, their options, and their rights.

25+ Years of Success

Real Results for Wyoming & South Dakota Clients

Other
Suppression Appeal — Wyoming Supreme Court
District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

Barney v. State of Wyoming — Wyoming Supreme Court
CASE DISMISSED
Reckless Endangering / Domestic Battery / Child Endangering — Wyoming
Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

State v. Quezada-Lopez — Wyoming Circuit Court
CASE DISMISSED
DUI / DWUI — Wyoming
Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

State v. Von Olnhausen — Wyoming Circuit Court
CASE DISMISSED
Felony Child Abuse — Wyoming
Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

State v. Bullinger — Wyoming District Court

See All Case Results

Charged with a crime in Wyoming? Time is critical.

The sooner you have an attorney, the more options you have.

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Client Testimonials

What Clients Say About Just Criminal Law

Frequently Asked Questions About Criminal Defense in Wyoming

Stay calm and exercise your right to remain silent. Do not answer questions or try to explain yourself to law enforcement — anything you say can and will be used against you. Politely but clearly ask for an attorney. Then call Just Criminal Law as soon as you are able. The decisions made in the first 48 hours can significantly shape the outcome of your case.

Not without first speaking with a criminal defense attorney. Many people plead guilty without understanding the full long-term consequences — including impacts on employment, housing, child custody, and future charges. In many cases, an experienced defense attorney can negotiate a better outcome, get evidence suppressed, or win at trial entirely. A guilty plea should always be a last resort, not a first instinct.

Yes. The first hearing — often an arraignment — is where you enter a plea and where bail is determined. Having an attorney at this stage can prevent you from saying or doing something that hurts your case and can influence the bail amount set by the court. Do not go to your first hearing alone.

Misdemeanors are less serious crimes typically punishable by up to one year in county jail. Felonies carry potential prison sentences of more than one year, often in a state facility, and come with collateral consequences including loss of voting rights, loss of the right to own firearms, and significant impacts on employment and housing. Both require serious legal attention.

The cost depends on the complexity of your case and whether it goes to trial. At Just Criminal Law, we offer a free initial case review, charge transparent flat fees, and accept all major credit cards. We discuss fees openly during your consultation.

In some cases, yes. Wyoming law allows expungement of certain criminal records. Eligibility depends on the offense type, sentence, and time elapsed. Our team can evaluate your record and tell you whether you qualify.

Yes. We travel throughout Wyoming and into western South Dakota. We serve Casper, Cheyenne, Sheridan, Buffalo, Douglas, Sundance, Rock Springs, Rawlins, Deadwood, Sturgis, and more. If your case falls outside our area, we’ll refer you to a trusted local attorney.

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Wyoming Criminal Defense — Communities We Serve

We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

Wyoming

South Dakota

Deadwood
Sturgis (Rally)
Custer County
Lawrence County
Meade County
Pennington County

Attending the Sturgis Motorcycle Rally?

We provide on-call criminal defense for Rally-related arrests including DUI, drug charges, weapons offenses, and assault. Call us 24/7 during Rally week.

Learn More About Your Rights in Wyoming

Why You Need to Call an Attorney ASAP

Arrested? Do This in the First 48 Hours

You Do Not Have to Plead Guilty

Should You Hire a Former Prosecutor?

Watch This First! Do Not Plead Guilty

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Schedule your free case review and strategy session. We will walk through your charges, explain your rights, and outline exactly what happens next — with no pressure and no obligation.