Blue and red lights fill your living room window before you have had time to process what just happened, and the officer says domestic battery out loud as the cuffs close around your wrists. You don’t know how long you will be in jail, you don’t know when you will see your kids again, and you don’t even know if the two of you can work this out. How did this argument turn into a criminal charge so quickly?
Rogers & Garvie, LLC understands how quickly a domestic violence arrest can upend your life and is ready to help you understand the charge and begin building your defense.
How Can a Laramie Domestic Violence Defense Attorney Help?
A domestic violence attorney can begin helping you soon after an arrest. As the case moves forward, that help can include:
- Reviewing the exact charge and what the State says happened;
- Explaining the conditions attached to your release, including any no-contact restrictions;
- Looking for weaknesses in the case, such as inconsistent statements or a lack of independent evidence; and
- Explaining how the case will move through the Albany County court system.
All of this can start when you call Rogers & Garvie.
Who Counts as a Household Member Under Wyoming’s Domestic Violence Laws?
Wyoming’s domestic violence laws are not limited to spouses. A household member includes a current or former spouse, someone you live with or have lived with as if married, a parent or adult child, someone you share a child with, and someone you are or were dating.
Which Charges Can Count as Domestic Violence in Wyoming?
Domestic assault and domestic battery are not the only charges that may arise from allegations involving a household member. Wyoming law also identifies several other offenses that can affect the penalties for a later domestic battery conviction when committed against another household member.
These offenses may be misdemeanors, including:
- Simple assault—punishable by a fine of up to $750;
- Battery—punishable by up to six months in jail, a fine of up to $750, or both;
- Unlawful contact—punishable by up to six months in jail and a $750 fine;
- False imprisonment—punishable by up to one year in jail and a $1,000 fine; and
- Reckless endangering—punishable by up to one year in jail.
Or they may be felony offenses, including:
- Felonious restraint—punishable by up to 5 years in prison;
- Aggravated assault and battery—punishable by up to 10 years in prison for most violations;
- Child abuse—punishable by up to 10 years in prison, while aggravated child abuse is punishable by up to 25 years; and
- Kidnapping—punishable by up to 20 years in prison if the victim is released unharmed, or 20 years to life if not.
This is not a complete list, and whether a specific offense affects a domestic violence case or a later sentencing enhancement depends on the facts of your case.
How Do Domestic Battery Penalties Escalate with Each Conviction?
Domestic battery is its own charge with its own escalation ladder, separate from the broader list above:
- A first domestic battery conviction is a misdemeanor punishable by up to six months in jail, a fine of up to $750, or both;
- A conviction can carry up to one year in jail and a fine of up to $1,000, or both if, within the previous five years, you were convicted of domestic battery or certain similar offenses against another household member; and
- You can be charged with a felony punishable by up to ten years in prison and a fine of up to $10,000, or both if, within the previous ten years, you have two or more prior domestic battery convictions or a domestic battery conviction and certain other qualifying convictions against another household member.
The prior offense does not always have to be domestic battery, but only certain offenses or similar convictions against another household member count toward the enhanced penalties.
Does a Conviction Follow You Home After the Case Ends?
Sometimes, yes. A federal law can add consequences beyond the penalties Wyoming imposes. A qualifying misdemeanor crime of domestic violence can prohibit a person from possessing firearms or ammunition under federal law. Whether the prohibition applies depends on the offense and the relationship between the parties, and federal law provides a limited five-year exception for certain first-time misdemeanor convictions involving dating relationships.
What Weaknesses Can Show Up in a Domestic Violence Case?
Domestic violence allegations carry real weight, but that does not mean every case is airtight. Weaknesses can include:
- A single, uncorroborated account. Many cases rest on what one person told an officer, without an independent witness, video, or physical evidence to corroborate it.
- Physical evidence that does not match the allegation. Photographs, medical records, or other evidence may raise questions about whether the physical evidence supports the account given to law enforcement.
- A story that changed. What someone tells a 911 dispatcher, an officer on scene, and a victim advocate weeks later does not always match.
- Conflicting accounts of the confrontation. When both people describe participating in a physical confrontation, inconsistencies about who initiated the physical contact or how the incident unfolded can weaken the State’s version of events.
These issues may not be clear from the initial police report. Identifying them requires comparing the report with witness statements, recordings, photographs, and other available evidence.
When Should You Talk to a Domestic Violence Attorney?
As soon as possible, and before you say anything else to anyone else about the case. Wyoming law gives you the right to an attorney during custodial interrogation, and you can invoke your right to remain silent rather than answer investigative questions. The State carries the burden of proving a domestic violence charge, and statements you make can become evidence in the case.
A Laramie Domestic Violence Defense Attorney at Rogers & Garvie, LLC Can Help
Rogers & Garvie takes the time to genuinely understand a client’s full situation before offering any advice, and domestic violence allegations are rarely as straightforward as an initial police report makes them appear. Clients who come in are treated with respect, never like a case number, and that principle matters most in cases where the facts are personal, complicated, and easy for outsiders to misjudge.
We make ourselves available by phone, in person in Laramie, or remotely anywhere in Wyoming, so you have an opportunity to explain the circumstances behind the allegation directly to the attorneys handling your case.
Tell Us What Happened Before the State Defines the Story
An initial police report may capture only a part of a complicated and personal situation. Rogers & Garvie puts someone on your side from the very first conversation. Reach out today for a confidential consultation, and take the next step with someone who knows the way forward.