What are the penalties for a felony in Wyoming?

Felony punishment in Wyoming is set offense by offense rather than by a general class table. The statute defining the charged offense supplies the minimum and maximum term, and the general sentencing provisions govern how the judge imposes it. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year). Misdemeanors carry county jail time (up to 1 year). Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Wyoming Criminal Defense Guide — Charges & Process

Q: Does Wyoming have a speedy trial requirement?

Wyoming does not have a fixed-day speedy trial clock [§ 7-11-203]. Wyo. R. Crim. P. 48 requires trial within a reasonable time. Constitutional Barker v. Wingo balancing test applies. Courts weigh length of delay, reason, assertion of right, and prejudice. No fixed statutory day count. Remedy is dismissal with prejudice.

Q: Can I get my criminal record expunged in Wyoming?

Yes, for eligible offenses [§ 7-13-1401 et seq.]. Waiting periods: 5 years from completion of sentence for eligible felonies; 3 years for misdemeanors; immediate for dismissed/acquitted charges. Wyoming enacted expungement reform in 2021 (SF 46). Eligible non-violent felonies and misdemeanors may be expunged after waiting periods. Violent crimes, sex offenses, and DUI convictions are excluded. Petition filed in district court. Prosecutor may object.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Wyoming.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Wyoming Criminal Process — Step by Step Your Rights in an Wyoming Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Wyoming classifies criminal offenses

Wyoming divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Misdemeanor classifications

Class High (up to 1 year) misdemeanor: up to 12 months, $1,000 fine - Class Low (up to 6 months) misdemeanor: up to 6 months, $750 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §6-10-102 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year)	State prison (1 year or more)
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §7-13-1401 et seq.	Fewer offenses eligible §7-13-1401 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §7-2-102. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. Wyo. Stat. Ann. § 7-2-102 governs warrantless arrest authority. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Wyoming Constitution Art. I, § 14 guarantees bail for all noncapital offenses. Courts set bail based on risk assessment and flight risk. Cash bond, surety bond, or personal recognizance release available. Capital offenses may be denied bail when proof is evident. §7-10-101 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Wyoming.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §7-13-302, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Wyoming has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §7-6-101 et seq.. Wyoming State Public Defender provides statewide indigent defense through a state public defender office with offices in Cheyenne and Casper, plus contract attorneys in other locations.
Right to a speedy trial — Wyoming does not set a fixed number of days for speedy trial §7-11-203. Wyo. R. Crim. P. 48 requires trial within a reasonable time. Constitutional Barker v. Wingo balancing test applies. Courts weigh length of delay, reason, assertion of right, and prejudice. No fixed statutory day count. Remedy is dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Wyoming: No probation term may exceed the maximum term of imprisonment allowed by law for the offense (so misdemeanor probation is capped at the offense's jail maximum); felony probation may in no case exceed 36 months, except that the judge may impose a longer term — up to the maximum imprisonment authorized for the offense — for good cause shown on the record (§7-13-302(b)) §7-13-302.

⚠Wyoming has a habitual offender law §6-10-201. Habitual criminal enhancement (§6-10-201) applies when the defendant is convicted of a violent felony and has prior felony convictions on two or more charges separately brought and tried arising out of separate occurrences: 2 prior convictions — 10 to 50 years; 3+ prior convictions — life (for offenses committed after the person turned 18). Prior out-of-state felonies count if they would be felonies in Wyoming.

Clearing your record

Wyoming does allow certain criminal records to be sealed or expunged §7-13-1401 et seq.. Waiting periods: 5 years from completion of sentence for eligible felonies; 3 years for misdemeanors; immediate for dismissed/acquitted charges. Wyoming enacted expungement reform in 2021 (SF 46). Eligible non-violent felonies and misdemeanors may be expunged after waiting periods. Violent crimes, sex offenses, and DUI convictions are excluded. Petition filed in district court. Prosecutor may object.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §35-7-1031. Marijuana possession: Misdemeanor (3 oz or less, first offense, §35-7-1031(c)); Felony (over 3 oz or subsequent offense); Wyoming has not legalized recreational marijuana.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §6-2-501 et seq.. Domestic violence offenses carry additional consequences including protective orders §6-2-511.

Theft and property crimes

Classification depends on the value of property taken §6-3-402. Felony threshold: $1,000 (felony if value is $1,000 or more, §6-3-402(c)(i)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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