Wyoming Criminal Laws

The state of Wyoming’s criminal laws are similar to those throughout the United States. Wyoming statutes define felony offenses, misdemeanors, and infractions. They also outline criminal procedures for courts and the penalties prescribed for each offense. Wyoming’s criminal code contains provisions for civil recovery in criminal cases and for interactions between state and federal law.

Felonies and Misdemeanors

Under Wyoming state law, a felony is a criminal offense punishable by more than one year in prison. In general, felonies include violent crimes, robbery, and sexual assault.

Misdemeanors are punishable by less than one year in jail. Some violent crimes and lesser theft offenses are classed as misdemeanors or felonies, depending on the circumstances of the case. Use of a deadly weapon increases the level, or “degree,” of the case.

An infraction is a minor offense. Motor vehicle violations other than DUIs are examples of infractions. Infractions receive fines and other sanctions, such as revocation of your driver’s license.

Criminal Punishment

Some states base their punishment on the degree of a crime. First-degree crimes have one sentencing range, second-degree crimes have another, and so on. Wyoming sentencing courts use a different schedule. Crimes have degrees of severity, but each crime has a discrete punishment. First-degree murder and first-degree sexual assault do not have similar sentencing schedules.

Although Wyoming state statutes contain the death penalty, Wyoming has not carried out an execution since 1992, and has not imposed a death sentence since 2004. The current method of execution is lethal injection. Issues with lethal injection drugs prompted the Wyoming legislature to consider the firing squad as an alternative. Wyoming’s death row is empty, and the most serious sentence handed down today is life imprisonment without possibility of parole.

Trials and Defenses

Wyoming’s criminal code contains general provisions for justifiable use of force in self-defense and for the effects of involuntary intoxication on forming intent. These may be mitigating factors when a defendant faces other criminal charges.

In general, criminal prosecution begins in the district courts. Law enforcement agencies can refer cases directly, or the district attorney can request a grand jury indictment.

Wyoming has an affirmative “stand-your-ground” law. The law presumes an individual has a “reasonable fear of imminent peril of injury or death” when faced with an unlawful attacker, and has the right to defend themselves with equal force, up to and including lethal force. The state will not prosecute an individual who defends themself or their family under this law.

Facing Criminal Charges in Wyoming? Speak With an Attorney

When facing prosecution for a criminal offense in Wyoming, it’s a good idea to get a skilled criminal defense attorney in your corner. A defense lawyer will examine the details of your case, explain your options, and either get you the best plea bargain possible or stand with you at trial.