Top 10 Questions About Wyoming Assault Charges

Criminal assault covers a wide range of conduct and can be charged in situations involving bar fights, domestic disputes, or unwanted sexual encounters. Regardless of your circumstances, an assault charge is serious, and a conviction could change your life.

To defend against a Wyoming assault charge, you need an experienced criminal defense team on your side. Just Criminal Law will carefully analyze your situation, help you evaluate your options, and fight to protect your rights. We will craft a customized defense strategy designed to result in a Not Guilty verdict at trial, a significant reduction in the severity of penalties you could face, or dismissal of your case.

Here, we answer ten of the most common questions about Wyoming assault charges. But every situation is unique, and nothing can replace speaking to a member of our team who can evaluate your situation and offer personalized advice.

1 - How are assault and battery different?

Assault and battery are technically two separate crimes. “Assault” refers to the attempt to cause serious bodily injury to another person, while “battery” is the crime of inflicting violence or bodily harm upon another person. Assault and battery are often charged together even though they are legally considered two separate acts.

2 - Are there different types of assault? How are they different?

The state of Wyoming recognizes different types of assault. The specific crime you are charged and the defenses available will vary depending on your situation.

• Simple assault and battery is the crime of unlawfully causing or attempting to cause bodily injury to another person.
• Aggravated assault occurs when a person causes or attempts to cause serious bodily injury to another person under circumstances that display an extreme indifference to the value of human life.
• Domestic assault occurs when a person commits assault and battery against another household member.
• Sexual assault is the crime of inflicting a sexual intrusion on another person through the use or threat of force.

3 - Is assault a felony or a misdemeanor?

Most simple assault and battery charges are misdemeanors. Aggravated assault is a felony.

4 - What is the difference between simple assault and aggravated assault?

The crimes of assault and aggravated assault are distinguished by the defendant’s intent and the severity of harm caused. Aggravated assault is a more serious crime with harsher penalties.

5 - What are the penalties for an assault conviction?

The penalties for an assault and battery conviction can vary depending on your unique circumstances.

• Simple assault is a misdemeanor, punishable by a fine of up to $750.
• Battery is also a misdemeanor, punishable by up to 6 months in jail and a fine of up to $750.
• Aggravated assault and battery is a felony, punishable by up to 10 years in prison.

If you have prior convictions, the penalties could be more severe. For a second battery conviction, you face a fine of $1,000 and up to two years in prison.

6 - What are common defenses to an assault charge?

Common defenses to an assault charge include:

• Lack of Intent. To convict someone of assault, the prosecutor must prove the defendant intended to commit the criminal offense. You could avoid an assault conviction by negating the intent element.
• Self-defense. Self-defense is the most common defense to an assault charge. When you claim self-defense, you are telling the court your use of force was justified to protect yourself from the threat of harm.
• Defense of others. Like self-defense, you can defend against an assault charge by claiming you committed the assault to prevent harm to someone else. To be successful, you must show that your perception of the threat of harm was reasonable and that your response was proportionate to the level of harm.
• Defense of property. You can defend against an assault charge by claiming you were acting to defend your property.

7 - Can I claim self-defense in response to an assault charge?

Self-defense is one of the most common defenses to an assault charge. A claim of self-defense acknowledges the assault occurred but asserts that your use of force was justified to protect yourself from the threat of harm.

To successfully claim self-defense, the defendant must present evidence that:

• There was an imminent threat of harm.
• Your fear of harm was reasonable.
• You did not provoke the threat.
• There was no easy way for you to escape or retreat from the confrontation.

Your use of force must be proportional to the threat of force. For example, if someone threatens to hit you, you cannot respond by shooting them with a gun. A more reasonable response would be to push the aggressor.

8 - Can a charge of aggravated assault be reduced to a simple assault charge?

Yes. It is quite common to have an aggravated assault charge reduced to simple assault. When your attorney shows there is reasonable doubt as to some or all of the elements of assault, the prosecutor might have no choice but to offer a plea to a charge of simple assault.

9 - Is rape different from sexual assault?

Many state statutes, including Wyoming, no longer use the term “rape.” Instead, the crime commonly thought of as rape is referred to as sexual assault, which is the crime of having sexual intercourse or sexual penetration by force or against someone’s will.

Sexual assault can be committed by a man or woman against a woman or a man or between two people of the same sex. One spouse can be charged with committing sexual assault against the other spouse. Other sexual activities like unwanted touching, fondling, or other criminal sexual acts may also be included in the definition of sexual assault.

10 - Can an assault victim ask to have criminal assault charges dropped?

It depends. In some cases, an assault victim can ask to have the assault charges dropped. Ultimately, it is up to the prosecuting attorney to decide whether to drop assault charges, but in most situations, they will consider the victim’s wishes. Common exceptions to this practice are situations involving allegations of sexual assault where the prosecutor must evaluate whether the victim is being coerced into dropping the sexual assault or domestic violence charges.

Charged with Assault in Wyoming? Just Criminal Law Can Help.

If you were charged with assault in Wyoming, the criminal defense team at Just Criminal Law can help. We have extensive experience defending people accused of assault and know how to get results. To learn more, 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.