Defending Against Assault Charges

In Wyoming, criminal assault occurs when a person “having the present ability to do so...unlawfully attempts to cause injury to another.” Criminal battery occurs when a person “intentionally, knowingly, or recklessly causes bodily injury to another person by use of physical force.” WY Stat §6-2-501.

Aggravated assault and battery is a more serious crime that occurs when a person “attempts to cause serious bodily injury to another intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; attempts to cause, or intentionally or knowingly causes bodily injury to another with a deadly weapon; threatens to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property, or abode or to prevent serious bodily injury to another; or intentionally, knowingly or recklessly causes bodily injury to a woman whom he knows is pregnant.”

Criminal assault and criminal battery are separate crimes, but they are often charged together.

If you have been charged with criminal assault, you may have questions about the potential penalties you could face, what to do next, and what defenses to criminal assault are available.

The criminal defense team at Just Criminal Law stands ready to defend people charged with assault. Our lawyers are former prosecutors, and we know how the government prepares and prosecutes these cases. We will thoroughly investigate the charges against you, explore your options, mount a vigorous legal defense, and minimize the likelihood that you will receive the most severe penalties.

Penalties for Assault and Battery

Criminal assault is a misdemeanor, punishable by a fine of up to $750.

Criminal battery is also a misdemeanor, punishable by up to 6 months in jail, a fine of up to $750, or both.

Aggravated assault and battery is a felony punishable by up to 10 years in prison.

Defenses to Wyoming Assault Charges

Criminal assault charges are serious, but with the help of your legal team, you can beat them. Depending on the circumstances of your case, you may have different defenses available.

Self-Defense

Self-defense is the most common defense against charges of assault and battery. A claim of self-defense means you had no choice but to use physical force to protect yourself from harm. To succeed, you must show that you were threatened with harm, did not provoke the attack, and that you could not retreat or remove yourself from the situation.

Defense of Others

Similar to a claim of self-defense, when you claim defense of others, you must show that using physical force was necessary to defend someone else against a threat of harm.

Defense of Property

Defense of property is a compelling defense if you were defending against a home invasion. Defense of property is also a viable defense if someone was trying to steal something from your person, like a purse or a wallet.

Consent

In rare circumstances, you may be able to claim that the victim consented to the use of physical force. Contact sports are a textbook example where you and the alleged victim agreed to participate in a full-contact activity.

What To Do If You Were in a Fight

If you were involved in a fight and the police were called to the scene, it is only natural to want to explain your side of the situation. Resist this urge, say as little as possible, and ask to speak to an attorney.

Police officers are trained to get information out of you and will try to manipulate you to say what they want.

You are not required to talk to the police.

If you are questioned, simply state that you do not wish to discuss the matter. And if you are taken into custody, inform the police that you are asserting your right to remain silent and that you want to talk to a lawyer. Then contact Just Criminal Law.

Just Criminal Law: Protecting Your One Shot at Justice

If you are facing criminal charges for assault and battery, the criminal defense team at Just Criminal Law can help. We will protect your rights during police questioning and ensure you do not say anything that could be used to convict you. We will interview witnesses and conduct an independent investigation into the facts and circumstances that gave rise to the criminal charges. And we will vigorously defend you in court.

Led by our founder, Christina L. Williams, our lawyers are former prosecutors, and our lead investigator spent more than 20 years working for the Campbell County Sheriff’s Office before joining our team. We know how the government will gather evidence and use it to try to convict you. We will use our knowledge and experience to protect your rights and aggressively defend you.

To learn more about how we can help, contact us today to schedule your personalized case review and strategy session.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.