Your hands are still shaking, and you don’t know if it is the cold or what just happened. An officer has your ID and is asking questions you don’t know how to answer. You keep replaying the last ten minutes, trying to figure out the moment things went wrong. Nobody has told you what happens now or what you are supposed to do next.
Rogers & Garvie, LLC knows that not knowing is its own kind of fear, and can help you understand the charge and what happens from here.
How Serious Are Assault and Battery Charges in Laramie, Wyoming?
A Laramie assault & battery defense attorney can help you determine whether you are looking at a misdemeanor or something far more serious, because Wyoming law draws a legal distinction between simple and aggravated offenses.
Simple assault and battery charges carry fines or possible jail terms, while aggravated assault and battery can carry years in state prison. What actually happened in the moment, and what evidence exists to describe it, can determine the charge and the potential penalties you face.
What Is the Difference Between Assault and Battery in Wyoming?
People use these terms interchangeably, but Wyoming law treats them as two distinct offenses.
What Counts as Simple Assault?
Assault is the attempt, not the contact. A person is guilty of simple assault if they unlawfully attempt to cause bodily injury to someone else while having the present ability to do so, even if no contact ever happens. Simple assault is a misdemeanor punishable by a fine of up to $750.
What Counts as Battery?
Battery is the completed act. A person is guilty of battery if they intentionally, knowingly, or recklessly cause bodily injury to another person through physical force. Battery is a misdemeanor punishable by up to six months in jail, a fine of up to $750, or both.
In plain terms, assault is the attempt, and battery is the injury-causing contact itself.
What Does Recklessly Mean in the Battery Statute?
Most people don’t think about the term “recklessly” in the definition of battery. You do not have to mean to hurt someone to be charged with battery in Wyoming. Recklessly means consciously disregarding a substantial and unjustifiable risk that harm would happen, when ignoring that risk is far below how a normal, careful person would act.
A shove during an argument that gets out of hand, or a swing that connects with the wrong person, could support a battery charge if it causes bodily injury and the other statutory requirements are met.
What Makes an Assault or Battery a Felony Instead of a Misdemeanor?
Certain circumstances may elevate these charges to aggravated assault and battery, a felony with far heavier consequences. Under Wyoming law, those circumstances include:
- Extreme indifference to human life—intentionally, knowingly, or recklessly causing or attempting to cause serious bodily injury under circumstances showing extreme indifference to the value of human life;
- Injury caused by a deadly weapon—attempting to cause bodily injury or intentionally or knowingly causing bodily injury to another person through the use of a deadly weapon;
- A drawn weapon used as a threat—threatening to use a drawn deadly weapon on someone, unless reasonably necessary in self-defense or to prevent serious injury; and
- Injury to a person known to be pregnant—intentionally, knowingly, or recklessly causing bodily injury to someone the accused knows is pregnant.
Generally, aggravated assault and battery under these provisions is a felony punishable by up to 10 years in prison. A separate provision of the same statute makes female genital mutilation of a person under 18 punishable by 5 to 25 years in prison.
What Should You Do, and When, After an Arrest?
Your constitutional rights exist for a reason, and asserting them can protect you from making statements before you have legal advice. After an arrest, take these steps to clearly exercise those rights:
- State clearly that you are invoking your right to remain silent. Clearly stating that you are exercising your right to remain silent can avoid uncertainty about whether you intended to invoke that right.
- Ask for an attorney before answering questions about the incident. During a custodial interrogation, a clear request for an attorney generally requires officers to stop questioning until counsel is available, unless you reinitiate the conversation.
- Be cautious discussing the incident with anyone other than your assault defense attorney. This includes friends, family, and especially the other person involved, since those conversations are generally not protected by the attorney-client privilege and may create additional evidence. If you are arrested, keep in mind that all calls you make from the jail, to anyone but your lawyer, are recorded and can be used against you.
- Avoid posting about the case on social media. Posts about the incident, even ones meant to explain your side, may become evidence in the case.
Once you have invoked these rights, reach out to Rogers & Garvie so we can begin reviewing the charge and the circumstances surrounding your arrest.
What Can Actually Defeat an Assault or Battery Charge?
An assault and battery defense attorney who reviews the record closely may find inconsistencies between what a police report claims and what the evidence actually shows, such as:
- Self-defense. Wyoming law allows a person to use reasonable defensive force to protect themselves from an attack. Whether the force was legally justified depends on the circumstances and the level of force used.
- Inconsistent evidence of injury. Inconsistencies between what was reported to police and what a medical exam shows may become important when evaluating whether the State can prove bodily injury.
- Mutual combat or provocation. Bar fights, arguments between neighbors, and confrontations involving both parties may complicate efforts to determine the actual aggressor.
We look for the specific facts that may tell a different story from the initial police report.
Two Backgrounds, One Focused Defense: Your Laramie Assault & Battery Defense Attorneys
Grant Rogers and Thomas Garvie bring different skills to the same case: Thomas through hundreds of public defense cases representing people accused of serious crimes, and Grant through litigation experience and an approach centered on understanding each client’s circumstances before offering advice.
Assault and battery cases benefit from both strengths because these charges often turn on small factual details, such as who acted first or what actually caused the injury. Rogers & Garvie, LLC brings that combined background to every assault-and-battery case the firm takes on.
Protect Your Future: Get Dedicated Defense for Your Case.
A conviction may follow you well past the courtroom, affecting jobs, housing, and how people see you long after everyone forgets the incident itself or the people involved. Rogers &and Garvie, LLC takes the time to understand what happened before deciding how to approach an assault or battery charge. You will work directly with attorneys who examine the details behind the accusation rather than treating the police report as the final word.
Contact us today to schedule a confidential consultation with a Laramie assault and battery defense attorney.